Can Anyone Answer A Will Question Please

[cupotee]

A friend is wanting to make Mirror Wills.

Her husband has agoraphobia and doesn't go out so they have a solicitor going to visit next week.

Its a second marriage where he has 3 adult children and she has one.

Should the husband pass away first, then my friend doesn't want her husbands children to get other than a token memento as they never visit or contact him.

They all have property and good jobs where as her daughter is disabled and unable to work.

What she is asking is, can either of them alter the remaining "Mirror Will" after the passing of the first deceased.

Hope that makes sense.

[ubasses]

Yes, once the first partner dies the survivor is free to write a new Will at any time.

[Barmaid]

Mirror image wills can be altered after death (these are Wills that are in similar terms).

Mutual Wills cannot be altered (well they can but what happens is that on the first person's death, the will of the second can still be revoked, but the property is held for the beneficiaries of the "mutual wills").

She needs to be v careful not to enter into a mutual will, she also needs advice as to how to protect daughter given she needs help (ie disabled trust etc).

[woofgang]

barmaid has given the legal answer, but I am a bit confused. If her husband doesn't want his daughters to have anything then what is the problem, he wont leave them anything in his will? If the wife dies first then he will do what he wants.

[Nibble]

I read the OP to say that the wife doesn't want the husband's children to inherit - what about what the husband wants? surely it's his choice who he leaves his money to?

[Hymie]

Prior to the solicitor visiting, tell them to decide on whom they would like to appoint as the executor of the Wills - I would suggest the disabled daughter (the appointed executor is not barred from being a beneficiary of a Will).

Do not allow the solicitor to talk them into appointing him/her as executor; which is like taking your car to a garage and agreeing to pay whatever bill they present (no matter how high).

[woofgang]

Indeed Nibble......

[ludwig]

She doesn't want her husband's children to inherit anything?. Nice of her to look after his interests like that.

[Peter Pedant]

.

dislike as I do pouring money into lawyers pockets
this seems an obvious case where legal advice should be sought
paid for and then taken (sorry I have come off Deskie's latest)


the children with jobs from the first marriage are pretty obviously going to be disappointed when they find they have been disinherited and so this is a prime case for a cast iron will (that is NOT do-it-yourself)

[ludwig]

// They all have property and good jobs where as her daughter is disabled and unable to work. //

I see.

[hc4361]

Yes, they can.
So if your friend dies first her daughter could end up with nothing if she has left everything to her husband and he leaves it all to his children.

If her husband has had no contact with his children then he may want to leave them nothing. On the other hand he might want them to be major beneficiaries.

It is not a simple 'mirror will' scenario and they really need to clarify what they both want before the solicitor arrives.