Is your concern that if you die, your husband gets everything and then he will cut your children out of the loop?
Thank you. There are a variety of ways of dealing with this depending on the assets are.
For a house, you can leave your share to your children and he lives his share to his children and you both have the provision whereby he has the right to live in your share of the house for life and then when you are both dead, the house passes to your respective children.
With regard to the inheritance that you’ve received, depending on how long you remain married for, if ever you get divorced, if that sometime after getting married, he may have a claim on that inheritance depending on what other assets there are within the married to be divided. I know that you have only just married but at least now you know the situation with regard to the inheritance.
With regard to any cash that you leave to him, he can do exactly what he likes with that. If you leave a substantial amount of cash, you can give him the income from it but not the capital which you can leave to your children. It does mean that your children could not get hold of the asset until he dies. You could however leave it in a trust whereby he gets the income for a period after your death, say, 5 or 10 years and then he no longer gets the income and your children get the capital.
It would be worthwhile speaking in depth to the solicitor that arranged your Wills but do have an idea before you go into that meeting, exactly what you want to achieve. Remember that your husband has exactly the same concerns over you albeit that he doesn’t have your inheritance.
It is possible to do a mutual will (as opposed to a mirror will) where you each agree not to revoke your Wills but they are fraught with problems in enforceability. Here is a little reading on the subject. http://www.birketts.co.uk/resources/legal-updates/1371/the-differences-between-mutual-and-mirror-wills/
Can I clarify anything for you?
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If you are doing that, it’s easy to resolve by putting a restriction on the property register at the Land Registry that the property is not to be sold without the consent of the boys or putting the property in joint names with them.
If it is in joint names with them, he could force a sale but would then only get 1/5 of the money.
You cannot put the property into different names and then sell it as it was before.
You cannot set up a trust and then simply ignore the trust for future.
Hence either the property is transferred or a trust is set up or it isn’t.
You can do what you like provided the others agree although there is no reason why if you are doing a trust document, you could not have it so that you would be allowed to purchase the properties and sell this one, provided you don’t diminish the capital value.
I tenancy in common restriction simply means that the property doesn’t automatically pass to the survivors on death.