How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKfamsol Your Own Question

UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
40487810
Type Your Family Law Question Here...
UKfamsol is online now

Hi. I am married, my husband has 2 children from previous marriage

Resolved Question:

Hi. I am married, my husband has 2 children from previous marriage and we have together one baby. We have a business together (50-50 shares worth about £50k), a mortgage for our house on his name only (we had to meat a deadline and on his name only was the quickest way to get the mortgage sorted) and couple of cars.
With his ex wife my husband had an apartment and he left it to his children after divorce. We started from scratch together. He also took my surname after marriage.
Now, my husband is refusing to make a will and I am wondering if when he pass away, will his children from previous marriage be entitled to anything? I want everything to be left to our child, his children don't even call him.
Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.

Hello and thanks for your question.

I need a bit more info to be able to answer:

How much is the equity in the house? ie the value of the house less the mortgage on it

When he divorced his first wife, did he & his ex get a court order or a consent order from court setting out who was to get what, or was it just an agreement between them?

Is your husband's name still on the title deeds of the apartment? If so, what is the equity in the apartment? ie the value of the apartment less the mortgage on it

If his children are adults, does he provide them with any financial support?

Customer: replied 2 years ago.

Hi,

we only bought the house, the equity is about £30k

with the ex wife, was only an agreement between them. His name is ***** ***** the property document and the value is about £45k (mortgage free)

Expert:  UKfamsol replied 2 years ago.

Hello again & thanks for the extra info.

Without a will, your husband's estate on his death will be distributed according to the 2014 rules of intestacy.

As the apartment is still in his name, it counts as part of his estate(see below for some advice about that) but adding everything together even including the equity in the apartment his total estate is well below £250,000.

The surviving married partner gets all of the first £250,000 and then is fully entitled to anything above £250,000.

The children will get half of anything above £250,000 (shared between them) – but will have to wait until 18 years old to get their hands on it.

If your husband doesn't want his older children to get a share (if his estate is worth more than £250,000 when he dies), then he needs to make a will.

I hope that clarifies things a bit for you! But like you, I do strongly advise that he DOES make a will - it makes everything easier for the people left behind.

Here's a useful article about the 2014 intestacy rules:-

http://www.theguardian.com/money/2014/sep/20/wills-inheritance-changes-intestacy-rules

With regard to the apartment, my advice is that as soon as possible he should arrange for the apartment to be transferred into either his ex-wife's name or into the names of the children of his first marriage if they are old enough. Or he should make a will that specifically leaves the apartment to his older children.

The reason being - because the current situation is ambiguous. If he dies, at that difficult time, the last thing you want is for there to be a row between you and his ex or his older kids about what is to happen to the apartment - should it be sold? or transferred into whose name? etc etc etc The apartment can't stay in his name after he dies.

I hope this helps and I wish you the best of luck.

Thanks and best wishes...

UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and 3 other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters