Remarry after my spouse dies - inheritance question

B

brickhouse

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Just wondering, married with children. Own property and decent policies and pensions etc so a sizeable amount.


What happens if say I pass away, left all my everything to my husband, as is usual I think….. he then remarries and leaves all his everything to his new wife (who might also have children)

And she dies and leaves all her everything to her own children.

Will my children potentially never receive an inheritance?
Or even if she has children and shares if between all our children, my children’s inheritance while equal will include my share of everything I have given my husband and diluted my children’s potential

Should we only pass 50/50 to husband and children to protect what I’ve contributed to our means at the time of death? Therefore going into a new relationship my own children have an inheritance from me and when dh passes they have something from him and the new wife from what they have built together……
 
Yes this can happen, and it does. Which is why I've advised one of my siblings that no matter how much 'in love' with second person, from an inheritance point of view, relating to children, avoid remarrying.

A second spouse inheriting, from whatever source, will inevitably favor their own children over any children brought into a marriage.

Like you we were spouse to spouse inheritance wise, had to trust that in the event of either of our deaths the other would do right by the children of the marriage. Because there is zero tax spouse to spouse, and also minor children, well you don't want them getting money/assets you've built up together.

Is there more to your question than conjecture. Do you wise to protect your children for a particular reason, then you need good legal advice.
 
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When my widowed father in law was planning to remarry his solicitor set up a fairly straightforward will. His house was hers to live in until she died and then reverted to his kids . So she had a widows pension and a home. She had responsibility for maintaining the house but his kids had no oversight of that which might have been a slight problem. If she remarried the house went to his kids. Actually I think the clause was no new partners to move in but that would have been tricky to ascertain.
She had no property but had 3 kids from 2 marriages and 4 step kids (or I guess ex step kids) she had been divorced once and was widowed.

They were both in their 70’s so more kids was pretty unlikely
 
k06351000 said:
Why only a third?
Can you leave more?
Click to expand...
I guess that you could leave up to 2/3rds to the children, or more if the spouse renounces their inheritance rights in part or full?

What happens to a deceased person's money and possessions?

How to get access to the deceased person's money and property, the rights of family members under wills and how property is distributed.
www.citizensinformation.ie www.citizensinformation.ie
The legal right share
If you have left a will, and your spouse or civil partner has never renounced or given up their rights to your estate, then they are entitled to a legal right share of your estate. This legal right share is:
  • One-half of your estate if you do not have children
  • One-third of your estate if you do have children
Click to expand...
 
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Overall, I think it's bad planning to write a will anticipating

1) That you will die before your husband
2) That he will remarry
3) That he will not provide for your children in his will but leave it all to his new wife

unless
1) You have a terminal illness
2) Your husband is having an affair with a money grabber
3) Your husband hates your children
 
Brendan Burgess said:
I had it in mind that the max was 1/3rd and 2/3rds to the spouse. But I might well be wrong on that.
Click to expand...
That's what it is in a case of intestacy alright.

Making a will

What is a will? The practical steps involved in making a will and what happens when someone dies without having made a will.
www.citizensinformation.ie www.citizensinformation.ie
 
Brendan Burgess said:
Overall, I think it's bad planning to write a will anticipating

1) That you will die before your husband
2) That he will remarry
3) That he will not provide for your children in his will but leave it all to his new wife

unless
1) You have a terminal illness
2) Your husband is having an affair with a money grabber
3) Your husband hates your children
Click to expand...

Good planning is thinking about options and possibilities, which is why the solicitor in Annie's case above neatly though of the worst and suggested the twice married person gets a life interest, which protected the children's inheritance, and housed the partner. Everything wins in that situation. In addition the spouse in the house, by not owning an asset, has better grounds for fair deal (as it won't be counted).

But in general, you need to give your spouse the power of the estate, as you've built your assets together and are hopefully aligned in the future of the children.
 
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