Inheritance from father after 2nd marriage

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seed

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Hi eveyone, I'm a newbie here! My situation is that my brother and I (both adults with our own homes) are wondering about our rights to inheriting from our Dad (assuming he goes before we do). He and Mum are divorced and he has recently married a lady from a former soviet country (she has a green card). He assumes that we have a right to inherit his house and other assets upon his death and would like us to 'allow' her to live there until she dies or marries someone else (she is substantially younger than him).
Now, I know that life is not that simple...what are our rights and what is the best way for dad to have his wishes carried out?

Thanks, Seed
 
He needs to make a will to ensure that his wishes are carried out. AS part of that, his solicitor will ensure that the probate laws are adhered to. If a will is not made out then you can be sure that there will be problems.


Let me add... what if the following occured..what would your fathers wishes be then....... your father dies, she does not marry but forms another relationship, they have a child.... what is the situation then? He will need to think about scenarios such as that & base the will accordingly.

Get Legal advise.

ninsaga
 
Your step-mother is legally entitled to 1/3 of your father's estate as his wife if your father dies having made a valid will - ie this is the minimum she will be entitled to, he can leave his whole estate to her if he wishes.

If he dies intestate or without a valid will, then she is entitled to 1/2 of the estate and you and your brother will get 1/4 each.

Your father should have a will drawn up by a solicitor.
 
Thank you so much for your replies. Ninsaga, more children is not a possiblity in this situation. I guess he really needs to get a will made out-does he need to inform her of this will?

I suppose our real concern is that this woman could have alterier motives for marrying Dad-he seems happy so hopefully this is not the case-we just can't help worringing about him, and to be honest our own interest in this situation. I hope you can understand.

Thanks again, Seed
 
An interesting thing I heard recently is that if a husband and wife both sign a will, then the succeeding spouse does not have the right to change the will after the death of the first spouse. In this case, it would be a good idea for them to make the will together and have her sign it.
 
jpd said:
Your step-mother is legally entitled to 1/3 of your father's estate as his wife if your father dies having made a valid will - ie this is the minimum she will be entitled to, he can leave his whole estate to her if he wishes.

If he dies intestate or without a valid will, then she is entitled to 1/2 of the estate and you and your brother will get 1/4 each.

Your father should have a will drawn up by a solicitor.
Click to expand...


This is incorrect. If your father dies without a will his wife is in fact entitled to 2/3 and you and your brother share the remaining 1/3.
 
Helen said:
An interesting thing I heard recently is that if a husband and wife both sign a will, then the succeeding spouse does not have the right to change the will after the death of the first spouse. In this case, it would be a good idea for them to make the will together and have her sign it.
Click to expand...

That's impossible. You can't make a "joint" will.
 
This is incorrect. If your father dies without a will his wife is in fact entitled to 2/3 and you and your brother share the remaining 1/3.
Click to expand...
Correct about split on intestacy - I most have dozed off when I answered that, sorry.
 
"That's impossible. You can't make a "joint" will."

Actually, it's a little more complex than that.

It is possible to enter into a binding contractual obligation to will your assets in an agreed way. The courts have enforced such contracts.

If a couple make two wills together, the circumstances may give rise to such a contractual obligation. The normal situation of a husband and wife making "mirror-image" wills does not automatically create such an obligation (in my view), but the circumstances of each situation (and agreement) are different.
 
Wow. thanks everyone! now i'm worried!! And...so is he! After showing him this thread, he says he wants to write a will that stipulates that brother and I will inherit his house and estate but that she (his wife) is entitled to live there until she passes away or until she forms a new relationship with someone else.

What do you guys think about this?...I bow to your superior knowledge!!!

Also, while we're at it, she has an apartment worth about 25,000 euro and she is travelling home to will it to her sister after her death. It seems strange that she can will total property to other family member while he cannot?

And, finally, what is the situation if she leaves him...worried, who me?

Well there you go-plenty to think about! I really appreciate your input.

Seed
 
If your Dad dies and make a will he desires leaving all to his 2 sons, leaving her to live until she dies or meets someone else correct, if he dies can she claim her 1/3 of the house ie force the sale of the house and get it split 3 ways maybe move back home a wealty woman, If I read these threads correctly they say she is entiltled to a 3rd regardless what his will states
 
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