Remarriage and inheritance: who gets what?

If you have remarried you may think that one way or another your estate (i.e. your property and money) will go to your children.

You may be wrong!

Look at this example:

Alan & Betty Smith have 3 grown up children when they divorce. The money and assets are then split equally so that they each have £300,000.

Betty then marries Charles and they buy a house together. Betty puts in £250,000 to match Charles’ contribution. As a married couple they buy in the normal way, as joint tenants.

Of her remaining £50,000, Betty put £30,000 into a joint savings account. The remainder is put into sole bank and saving accounts in Betty’s name.

With or without a Will the maximum that Betty’s 3 children could inherit is £20,000 because the jointly owned house and savings account (with a combined value of £330,000) is already owned by Charles. That money and that share in the house does not and cannot form part of any inheritance.

What can Betty do to ensure that her children can inherit her money and assets?

Firstly, sever the joint tenancy to become owners astenants-in-common. This means that they would own 50% each.

But Betty doesn’t want Charles to be forced out of the house!

That’s easy, if Betty sets up a Life Interest Trust in her Will it can allow Charles the right to use the house (or it’s value) until he dies and then the half share in the house passes to Betty’s children.

What about the joint savings account?

If money is put into a sole savings account in Betty’s name that can pass directly to the children or it could be put into the Life Interest Trust. The interest accrued would be paid to Charles during his life. On his death the money would be distributed to the children

So by understanding the problem and acting on it a solution can be found quite easily to satisfy all sides.

What makes you decide to write your Will?

You may be one of the 50+% of adults in the UK who have not made a Will.

You probably want to make a Will but keep putting it off…as people do!

Maybe you have made a Will already but do you know is it fit for purpose or if it is still valid?

I am starting to find the answer to this question “What triggers the decision to make a Will”

I regularly attend an excellent Business Networking organisation called 4 Networking (“4N”). I go to 4N breakfast meetings in Bath, Bristol, Chippenham, Cirencester and Trowbridge. At each meeting I get a chance to talk to the group and hopefully educate and inform my fellow networkers.

It has become clear to me that many of these well informed and experienced people are simply not aware of the problems in store for them if they do not have a Will in place, or do not have their existing Will reviewed regularly.

At every meeting I find people who have been blissfully unaware of serious and important issues that are relevant to their personal circumstances. Following my presentations, many at these 4N meetings have been ‘driven’ to immediate action and called on my services.

So, to me the answer is clearer now. When presented with the facts about both the problems in store for your loved ones and the inheritance laws that apply to everyday personal and family situations most people feel compelled to take action.

So here are 4 things too many people don’t know:

* If you have a young child and no Guardian appointed in a Will, Social Services will have responsibility for you child – NOT a god-parent and NOT a close relative

* If you are part of an unmarried couple your partner will inherit nothing unless it is allowed for in your Will

* Your child might inherit nothing at all if your parther remarries (sometimes called ‘second marriage syndrome’)

* If you get married your existing Will is invalid unless ‘made in contemplation’ of that marriage

So, plenty of sound reasons to sort out your Will now or have it reviewed if you have one already. Circumstances change regularly and your Will should reflect that.

Is your Will still doing the job you intend?

Those prudent folk who have made a Will may think that the matter is ‘done and dusted’ for them. Job done!

However, many Wills are declared invalid by the Probate Registry due to defects in the attestation (signing procedure) or because of damage/alerations to the Will.

Many Wills are invalidated because they were made before someone got married without mentioning that the Will was made in contemplation of the forthcoming marriage.

Many Wills have been badly drafted due to inadequate DIY attempts.

Many Wills are simply no longer suitable for the job e.g. after a divorce or other changes in family circumstances.

Some Wills simply ignore how to deal with important business interests.

Please think of the matters dealt with in a Will as a snapshot of what was appropriate at that time – not for the rest of your life. To ensure that your Will is effective it should be reviewed every 3-5 years, not just left in the drawer until the day you die.

You made your Will to get peace of mind but you can’t have peace of mind without knowing it is valid and useful.

So, one of the services I offer is a free no obligation review of your Will to confirm (1) if it is valid and (2) if it is still fit for purpose. Others may do the same or charge. just ask.

Honey I’m disinheriting the kids (by accident!)

What is sometime called Second Marriage Syndrome is an inelegant term for a situation where a parent remarries and goes on to own all or most property jointly. This can have serious consequences for the children.

If that parent dies before the new spouse does, with or without a will, jointly owned property stays with the new spouse because s/he owns it already.

It is something that can easily happen and does happen. But it can be avoided.

To most people the idea that the wealth and assets that have been built up over their life ending up in the pocket of a new spouse, and his or her children, is just unacceptable.

One way to avoid this problem is to ensure any new ‘marital property’ is owned as tenants-in-common and e.g. the part owned by the parent is put into a Life Interest Will Trust. This will leave the surviving spouse with the full use of the property, but on his/her death it then passes to the children.

So nobody loses out this way.

What is a Will?

A Will is a legal document left by the deceased giving instructions on what should happen after his/her death and how the estate should be divided. Everyone knows they should have one, but often do not understand why. It is the single most important part of effective Estate Planning.

What happens when there is no Will?

Making a Will is the only way to ensure that your wishes are carried out after your death. If you have not made a valid Will, your property (often called your estate) will pass on according to the law of intestacy. This may not be what you want to happen. It is also likely to take much longer to finalise your estate than if you had made a Will. You should be aware that during this time your beneficiaries may be unable able to draw any money from your estate. It can lead to arguments and unnecessary distress for relatives.

Matters to consider

If you are single, you will probably want your estate shared out between friends, relatives and charities of your choosing and in the amounts that you want.

If you are married, it is wrong to assume that your partner will get everything. Brothers, sisters or parents may have a claim. You children have a right to part of your estate. If you are living as a couple but not married or in a civil partnership, you will be treated as a single person and a surviving partner may get nothing at all. You can be certain that there will be uncertainty at a time when the family are trying to cope with the loss of a loved one.

If you are a parent, you should think about who would look after your children in the event they are orphaned. It will not automatically be the children’s God-parents. A valid Will nominating guardians is essential. If no one knows what you would have wanted, the Court will decide on the future of your children, and it may not be what you or your children would have wished.

If you are retired, maybe you made a Will a long time ago. It may need updating to include additional grandchildren or take account of financial problems some of your children are in. It may need to reflect that you no longer wish to leave anything to some people. It may be that you are concerned about care home fees.