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 James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
Type Your Family Law Question Here...
James Mather is online now

How can I ensure our son benefits on our death. we have been

Customer Question

How can I ensure our son benefits on our death. we have been married for foty one years, have one son and own our home etc. My husband was married before and has four children - all over 50 - from that mariage. He does not want to make a will claiming "it all goes to you" if I raise the matter. I have made a paersonal one leaving everything to our son. What would happen if we both died.
Submitted: 4 years ago.
Category: Family Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

How old is your son?

Did a solicitor draft your Will?

Customer: replied 4 years ago.

Our son is 42.

no it was a DIY one from the post office.

Customer: replied 4 years ago.

Our son if 42


The will was a DIY will from the post office.


your system doesnt seem to accept my email address when it asks for it!

Expert:  James Mather replied 4 years ago.
Do you mean that he wont write a will? I am not certain what the problem is
Customer: replied 4 years ago.

My husband aviods the matter. I dont know why but the point is, we are getting older whilst he procrastinates!. So in the absence of a will who would benefit under english law?

Customer: replied 4 years ago.
Relist: Answer quality.
Expert:  James Mather replied 4 years ago.

As his wife you get the 1st £325k and a life interest in the remainder. The other half goes to his children.

The full rules on intestacy are here


If you are younger than him and you are killed together in a crash for example, he is deemed to dies 1st and things pass to you 1st and then in accordance with yr will.

Does that answer? I am happy to answer specific points for you.