Inheritance

[jess131]

My step father in law is dying of cancer, whilst he was still in fairly good health he made a Will and is leaving everything to my partner (his step son). He has a blood son but they have not spoken for years and he did not want to leave him anything. He also has 5 other step children but is only close to my husband, the others never wanted anything to do with him. Even though he and his wife have been married 28 years, they have only really stayed together for staying togethers sake! They never went anywhere or did anything after the first couple of married years. When they married he already had a fully paid up house and quite a stash of money in the bank, she had nothing only debt! He is not leaving her anything, but she can stay in the house until she dies and she will receive so much of his private pension when he dies. My husband is now power of attorney and when step dad dies his will states that his stepson (my husband) gets all the money and the house but his mum is allowed to live in it until she dies. She was quite happy with this arrangement. Now though, stepdad is in a nursing home, she refuses to visit or phone him, to her he is dead. She now wants new furniture but my husband is reluctant to buy any until stepdad passes away but she is getting very arsy about it, so hubby has decided whatever she wants she just gets. My husband now thinks she may be begining to resent the fact that her husband has left her nothing and will contest the Will. All along though I thought she would of been entitled to something seeing as she is his wife?? ps he has worked all through the marriage up to retiring, she never worked.

[joko]

he is not obliged to provide her with new furniture so i am not sure why she is getting arsey about it - if he does it will be a kind gesture not a right.

i can see why he doesnt particularly want her to have much from him, if they were all but separated, but he may find some of the things he has left to your husband, are not strictly his to leave.... she may well own half the house - as she is his wife - so he cannot leave your hubby her half

also with money - if its in a joint account - its half her money too ...

now, im not sure but i thought money in joint accounts went to the surviving person - as itd be hard to separate and the fact that its joint shows the deceased shared assets etc

im sure someone on here will be able to confirm or deny that soon enough

[jess131]

Thanks Joko, the house is in his sole name and the bank accounts are in single names as well.

[NOX]

If she is a dependent of your step father's my understanding is she can contest the will, and probably will, it's a business decision once it gets to that point. Inheritance (Provision for Family and Dependants) Act was passed in 1975 and essentially was set up so that people in her situation were not left destitute if they all of a persons money etc was left elsewhere. the court will look at her circumstances, her own income if any and her needs and then make a decision.

[Dodger666]

Your husband needs to take legal advice.

[jess131]

Thanks Nox, in his Will it states she can stay in house until she dies and my husband to ensure she is provided for.

[Buenchico]

The wife has no right to receive new furniture, either now or after the death of her husband.

However she has the right, after her husband's death, to apply to a court to vary the terms of the will "on the ground that the disposition of the deceased’s estate effected by his will . . . is not such as to make reasonable financial provision for the applicant"
[Inheritance (Provision for Family and Dependants) Act 1975]

“Reasonable financial provision” means "such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance".

The court can consider any of the following matters:
"(a)the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
(b)the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future;
(c)the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
(d)any obligations and responsibilities which the deceased had towards any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased;
(e)the size and nature of the net estate of the deceased;
(f)any physical or mental disability of any applicant for an order under the said section 2 or any beneficiary of the estate of the deceased;
(g)any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant."

Barmaid is our expert here but, based upon the fact that the couple were living together [with the husband providing the means for them to do so] it seems highly likely to me that such an application would probably be successful.

Chris

[jess131]

When step dad made the Will, my husband was aware of what it said, or was going to say as tep dad told the solicitor this and the reasons why he was doing it in fron of my husband.

[NOX]

That's probably not going to be good enough to be honest and the court may well judge that to be a malicious will designed to exclude her form any sort of financial independence and will still look at the whole situation and decide what they consider to be fair and best. From that perspective you see your husband might decide to not give her money for essential repairs to the house perhaps, or a sufficient amount to live on ( some people's idea of a sufficient amount is £40 per week, some people's £400) so the court will determine what they think is reasonable given the circumstances. If your step father worked and she was a stay at home mother they would consider that she did indeed do something worthy of recognition because she was caring for children during some of her marriage and that since she has never worked it was likely with her husband's approval. You won't really know until it happens, but I would be prepared for the will to be contested.

[jess131]

thanks Chris, I can't remember the wordking on the will but it does state she is allowed to stay in property and be financially looked after. My husband has been granted power of attorney and he is the sole beneficiary of the Will. He has just received a doctors certificate from his stepdads doc to state that step dad can no longer conduct his own affairs. My husband now needs to access step dads bank account so he can get some money to pay his mothers bills. Not sure how it works whether hubby draws out whenever he needs to or whether these accounts get put into my husbands name?

[jess131]

Yes we are preparing. Though my husband would never see his mum go short. Money eh?!!

[NOX]

I know, it turns into a battlefield. I wasn't suggesting by the way that your husband would behave improperly just that the court will look at it from that perspective. Best of luck with it all:)

[jess131]

Thanks Nox

[cupotee]

I am pretty sure the second your Step Dad takes his last breath, so the POA is ended.

I had POA for my Mum and Step Dad and that's how it worked for me 5 years ago.

Family's and money are a sure thing to set the cat among the pigeons when someone dies. Sad as it is its very true.

[jess131]

Hi Cupotee, yes the solicitor confirmed that once step dad dies the POA stops and then all the monies pass to my husband as with what is stated in the Will. Mum in law stays in house until her death.

[jess131]

the solicitor at the time the will was made said what a powerful tool the POA was and that basically my hubby could take out all the cash and even the sell hpuise from under her!! He wouldnt do any of these things, im just saying what the sol said. Step dad wanted to leave his wife nothing, prior to the will, he even talked about taking out all his money and burning it Mum in law stated she was happy with the Will knowing that she would be looked after by my hubby in her twilight years, but because she wants this new furniture and my hubby has said best to wait until poor old step dad has passed away, she is spitting her dummy out! My hubby is that fed up, he is going out and buying her the furnite this weeked from OUR own money!

[jess131]

Dad in laws first will written 20 yrs ago was leaving everything to his blood son but again mum in law to stay in house until death. This son had nothing to do with mum in law for the whole 28 years of therirnmarriage and very little to do with his father, then after a fall out with his dad, they have not spoken for many many years, thats the reason why he changed his will a year ago. There is a letter enclosed in the will explaining his reason to his blood son why he has not been left anything.

[jess131]

ps maybe I should of added at the time of their marriage all step children were grown up and left home, never did any of mum in laws kids live with her and step dad in law.

[Barmaid]

There are two issues here. Wife's rights while her hubby is alive and effect of the PoA and wife's rights after death. Let's deal with first things first.

Right what type of POA does your hubby have? Is it an LPA or an EPA? Has it been registered? Does FiL still have capacity?

[jess131]

Hi Barmaid its LPA property and financial affairs and FIL is not well enough to manange his own affairs. The solicitor has sent his doctor some forms to fill in?

[jess131]

sorry yes it is registered