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Wife makes will and leaves everything to our children...

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  • Wife makes will and leaves everything to our children...

    I have been married for many years and I have always been the main earner. Over the last few years our marriage has been difficult but we have managed to stay together. My wife has recently inherited her late fathers house and some cash. I have a property in my own name also as an investment for our retirement.I have not yet had a will done but it is my intention that my estate when I have gone all goes to her and she can do whatever with it as it seems the right thing to do after 27 years of marriage.I recently came across a copy of her will she had done with a Solicitor on it I am excluded from her estate, my name is not mentioned as she wishes her entire estate to go to our Two children. I was shocked and disappointed with this so asked her why she had done it. She claims it is to protect herself and her children in the event of her death, lots of married couples are doing this now, its to protect if I have to go into care or one of us remarries? I would like to know what other people think of this and what I should do moving forward as Its causing me anxiety and sleepless nights at the moment. Many Thanks!!
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  • #2
    Hello,
    I can understand your feelings of anxiety in this matter especially since you've been married for so long. However, in England and Wales, the law allows individuals to leave their property to whoever they want. Although she has left you disinherited, it can only be challenged if the will is invalid or if someone hasn't been adequately provided for (very limited circumstances). Moving forward I think another discussion needs to be had between you and your wife so you can express your concerns and come to an arrangement that suits both of you. Failing that, you could get a mediator involved.*
    It's also good to remember that you can also change your own will at any time.*
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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    • #3
      Perhaps leave it in trust for the children so that you have a lifetime use?

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      • #4
        Our Mom did the same, left all property to my youngest brother, (there are three more brothers), when she passed away, we that is me and our Dad only found out when we went to the Solicitors, Mum had specified that Dad should have a roof over his head whilst alive. I personally was upset, but Dad stated "after being married all these years why has she done this to me" I lost my building that was attached to the property, as politely told to me by my brother, just leave.*

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        • #5
          Hi, I am an Estate Planner and Probate Specialist and Legal Researcher. Please visit my website will-trusts-probate.co.uk where you can chat with me live. I can help you by doing in-depth legal research for you, or the Law firm that I work for can take over the entire probate process for you for a fixed fee.
          Contact me and I will help you. Just head over to my website and use the chat function any day before 9pm, and I will be more than happy to answer any questions you have.


          Wanda Campbell
          Will-trusts-probate.co.uk
          WCampbell@will-trusts-probate.co.uk

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