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UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Hi. I am married, my husband has 2 children from previous marriage

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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.

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 3 years ago.


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)

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:-

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...

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