No will

[RS27]

Hello, if a married couple were to die at the same time without leaving a will, would their children inherit in equal shares? 2 children together (aged 2 and 5) and husband has one son from a previous relationship (aged 15).

Really just the house that would be left with small amount of joint savings.

[atticus]

no. The older child not being the son of both complicates things.

You should each make a will.

[RS27]

Thank you for your answer. Would it automatically be split 2/5 to both joint children and 1/5 to husband's child?

[atticus]

No. Make wills. What's the problem?

Is this a student question?

[des8]

To avoid a lot of typing read here https://www.thegazette.co.uk/all-notices/content/103859

[RS27]

atticus no, it is a personal question. I can't currently afford to pay the £400 I've been quoted for a will to be written.

I've been told that I can't use the basic free will through charities as it's more complicated but wasn't advised why it was complicated.

We werr going to try and write it ourselves but obviously don't have the required knowledge so I just wanted to know where we stand if we both passed away.

[RS27]

des8 thanks so much! This explains it perfectly. Husband is younger so all three children would inherit equally.

[atticus]

... unless H dies first.

To illustrate this, imagine both die in a car crash - that is what people may say, but there is more to it than that. H dies at the scene, but W only dies in the ambulance on the way to hospital. The deaths are not simultaneous, the 'commorientes' rule does not apply. H, although younger, has died first.

[RS27]

Yes. Thanks for explaining it all. So if it can be confirmed who died first then it will be split either 2 ways (if W dies last) or 3 ways (if H dies last).

But if it can't be confirmed then it would be split 3 ways as husband is younger than myself.

Thanks again!

[RS27]

Sorry one last question...what kind of will would you suggest we need to get once I can afford it?

If we both died at the same time we would like our estate splitting in half... my half would go to our two children and husband's half would go to our two plus his son from previous relationship.

[atticus]

This is not intended to be obtuse, but you would need wills that will reflect your wishes. You and H would need to discuss these with the solicitor to make sure that documents are prepared that accurately reflect and implement your wishes.

[RS27]

Yes I understand that. Would it be mirror wills we needed? Thank you.

[atticus]

No, in that as you say in post #10 your wishes are not identical: they are not mirror images of each other.

[RS27]

OK thank you for all of your help.