Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I enquire as to the approximate value of your husbands estate overall. I appreciate this may be difficult to determine, but a ballpark figure would be very helpful for my reply
Are you able to make an estimate?
Just the value of the house, approx £200,000
Thank you. if your husband does not choose to make a will before he passes away then as I am sure you are aware, he will die intestate and the rules of intestacy (as provided for by the Administration of Estates act will apply. These rules in your husbands case will be as follows:
as his spouse, you will be entitled to all of his possessions and the first £250,000 of his estate (whether this is made up by his house, or cash or any other assets). based upon what you say, as his estate is likely to be worth less than £250,000, this simply means that you would inherit everything however, if you were to discover that his estate is worth more than £250,000 then the following rules would apply for any assets over the value of £250,000. As above anything under that simply passes to you outright
for anything over £250,000, this is divided in half. One half goes to his natural or adopted children in equal shares and the other half is left to your use for life and then passes to tthose same children after your death. As above, based upon what you say, these rules will not likely apply as his estate is worth less than £250,000 but it is useful for you to know in any event.
Therefore, it seems likely that the main potential losers in his failing to make a will might be his natural or adopted children as potentially they will get nothing if he does not make a will unless you choose to leave something to them in your own will.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Am I correct in thinking if i die first my children will get nothing from his estate? Irealise that his children should have more of his estate can I assure that my children get my personal things eg pictures jewellery books etc.
If you were to pass away first then the starting point is that your estate (and therefore your children) would not receive any of your husbands property. However based on what you say you (and therefore your estate) would have a financial claim against his property if you have injected capital into it for improvements. Ideally you would be able to evidence this with receipts / invoices or failing which bank records or obtain a written signed acknoledgement from your husband as to the amount you have injected in capital and when which you can make available to your children should they wish to make a claim in the event of your predeceasing your husband.
You can leave personal objects that belong to you along with any other assets that are in your name to your children under the terms of your will. Remember any joint accounts will automatically pass to your husband if you were to die first - and vice versa if he were to pass away before you.
Remember however that in respect of anything you do leave to your children there is a requirement under the Inheritance Act that each of you and your husband adequately provide for each other on your deaths and so if you leave nothing to your husband he may have a claim against part of your estate for reasonable financial provision. The same is true for you of him.
My children are not likely to want to claim money from his estate ,they are just pleased that we have cared for each other. it would seem a good idea if I give my personal belongings away soon. thank you for your help.
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me
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Have submitted already.thank you