Query re Father not willing to make Will and problems this might cause.

[amtc]

I know this may seem morbid but my dad is opposed to making a will. He is now 73 but in good health.

My parents' house is in my mum's sole name and she has willed all her assets to me (she has a will).

My dad is under the impression that he has a beneficial interest in the family home and wants it willed to my mum for her lifetime and then to me. Any money he has he wants willed to me.

Mum got hers done through a solicitor. But my dad refuses to do same. I tried explaining to him that it is so simple (I am an only child and it's not like he has millions) but he just won't get it. He just says that probate will look after it - but that could take forever - not that I'm hoping he is gone anytime soon.

Any views?

 

[Padraigb]

1. If your mother and you outlive him, then the intestacy rules apply: two thirds to your mother; one third to you. I presume that she and you could look after that between you.
2. If he outlives your mother, but not you, then her will applies (I'm trusting that the solicitor drew up something to cover that scenario).
3. If he outlives you ...

Let things be. A defective will is worse than no will.

 

[Vanilla]

The property is in your mother's sole name.

If your father dies first, your mother is still the sole owner and she has made a will so that when she dies, you inherit.

If your mother dies first, she has made a will leaving it to you. But your father has a right to 1/3 of her estate should he wish to pursue it.

Your father making a will is neither here nor there as he is not the owner. However for his sake, if your mother were to die first, he would be better off if your mother either changed her will to give the property to him or if she transferred it into their joint names.

He and your mother should probably take a bit of advice on their situation.

 

[amtc]

I suppose I am asking re the money that he has rather thanbthe house (it's on;y 20k)

 

[Vanilla]

Your father has money- if he dies first, without a will, your mother is entitled to 2/3, the other 1/3 to you if it is in a sole account. If your mother dies first, then your father, you inherit all. On the assumption that they are married, of course.

 

[csirl]

1. If your mother and you outlive him, then the intestacy rules apply: two thirds to your mother; one third to you. I presume that she and you could look after that between you.
2. If he outlives your mother, but not you, then her will applies (I'm trusting that the solicitor drew up something to cover that scenario).
3. If he outlives you ...

Let things be. A defective will is worse than no will.

+1. Also, you can challenge a will, but you cant challenge primary legislation.

 

[Slim]

I suppose I am asking re the money that he has rather thanbthe house (it's on;y 20k)

It might be worth suggesting to your Dad that he put your mother's name on the account. If he predeceases her, that would avoid legal fees for the Probate. If your mother dies before him, you would be better to get him to put you on the account. For a modest amount, the legal fees would still be significant.

 

[Bronte]

I suppose I am asking re the money that he has rather thanbthe house (it's on;y 20k)

Why are you even worried about this? You are worried that if he dies you will not get the 20K quickly is that it?