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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Is it possible to change my husband and my will that in the

Customer Question

Is it possible to change my husband and my will that in the event of my death
that my half of our estate goes to my children rather than my husband?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Are both you and your husband in agreement to do this?

I look forward to hearing from you.

AL

Customer: replied 2 years ago.
Does my husband have to know that I want to do this?
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

No, your husband does not need to know about it, but I was just trying to find out the relevant facts.

So, on the basis that you are going to do this, could you confirm if your property is in joint names/do you have joint bank accounts or savings?

I look forward to hearing from you.

AL

Customer: replied 2 years ago.
We have several properties in joint names. We have a joint bank account and separate accounts.
Expert:  Aston Lawyer replied 2 years ago.

Hi Jean,

Sorry for the delay.

As regards ***** ***** properties, please note that if you hold them as "Joint Tenants" these will pass automatically to the survivor of you so if you were to pass on first, these would pass to your Husband even if you had made a Will, leaving your share to your children. The same goes for any joint accounts.

Although there is nothing you can do to prevent this from happening with the joint accounts, you can change the way you are holding the properties so that you own them as "Tenants in common". This will mean you each hold a separate 50% share, which share can then pass to whoever you nominate as your beneficiary in your Will.

Please note that to change to "Tenants in common", you would have to serve notice on your Husband, so he may well ask questions if you were to do this.

Subject to the above, I confirm you are free to make a new Will, and to leave half to your children.

I hope this assists and answers your question.

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.
Hi Jean,
Can I be of any more help to you?
Kind Regards
AL