My husband refuses to make a Will. I understand that if he were to die I would not inherit everything, part of his estate could pass straight to our children and they could have rights over our property. I am worried that I will not own all of the property, my children might want to sell and I will not have full control. Is this correct and can I do anything about it? Shirley, Kenton

By not making a Will your husband could cause you financial problems which could lead to disputes within the family. If someone dies without making a Will the Law of Intestacy decides who is to inherit. This will depend on what family they had, the assets they owned and how those assets were owned.

From your question I see that if your husband died tomorrow he would leave yourself and at least two children. The best way to see how an intestacy could affect you is to take a simple example. Suppose your husband’s estate consists of his personal belongings, the house in his sole name worth £300,000 and savings of £50,000. On his death you would receive his personal belongings and the first £250,000 of his estate (the statutory legacy).

The remainder would be divided into two parts. Half would be held in trust for you for your life, but you would receive only the income. Following your death the capital would pass to your children equally. The other half would be divided between your children equally, subject to their reaching the age of 18.

Rather than have an income you could elect to take a capital sum instead. You can also request to receive the home. However, if the statutory legacy plus the capital sum is less than the value of the home, you will have to fund the difference.

Anything held as joint tenants, so it passes automatically to you, does not form part of your husband’s estate for these purposes.

You should encourage your husband to make a Will. If he dies without making one you should seek legal advice immediately.

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