Wills

maisiecat

Registered User
Oct 12, 2023
223
0
Hi,
Hoping some of you will be able to give me some help over this. My husband has parkinsons and mixed dementia. He's in a Dementia home and no longer has legal capacity.
In 2009 we wrote mirror wills leaving our estate firstly to each other then to our 2 children. Obviously nothing can be done with my husband's will but can I now change my will to exclude my husband as a beneficiary. Our mirror will was not one that it was impossible to change. I know I will go to the solicitor eventually but will be charged about £800 which I can ill afford.
My husband's nursing home is paid between us and LA and NHS. I also pay a top up from a private legacy.
I would like to try and hold on to something for our children. My husband was a postman and I was a nurse. We were never wealthy and like so many of you an enormous amount of money is being taken from us.
Thank you for any insights
 

nitram

Registered User
Apr 6, 2011
29,914
0
Bury
You can disinherit him and he can challenge the disinheritance.

This type of challenge is common on the death of a celebrity or wealthy person where relatives fight over division of the estate.
Is there an LPA or deputy?

As you said you need legal advice.
 

northumbrian_k

Volunteer Host
Mar 2, 2017
4,303
0
Newcastle
Hi @maisiecat

My wife and I had a similar situation with mirror Wills. I wanted to make changes to my beneficiaries and she agreed to do the same. Before accepting her Instructions our solicitor required proof of her capacity. Her GP found that she was unable to fully explain the changes and why she wanted to make them nor maintain a consistent line of reasoning. Her Will remains unchanged whereas mine now reflects the changes I wanted.

Where this differs from your situation is that my wife remains as sole beneficiary in the case that I predecease her. Hence the changes I have made will only have an effect if she dies before me.

That's only a partial answer to your question. Unless the mirror Wills specifically say they can't be changed separately, there's nothing to stop you making changes to yours.

Anyone disinherited or disadvantaged by changes could challenge these. My solicitor helped me to prepare a Letter of Wishes explaining why I had changed my Will. The details of this would only be made known in the event of a challenge.
 
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maisiecat

Registered User
Oct 12, 2023
223
0
You can disinherit him and he can challenge the disinheritance.

This type of challenge is common on the death of a celebrity or wealthy person where relatives fight over division of the estate.
Is there an LPA or deputy?

As you said you need legal advice.
 

maisiecat

Registered User
Oct 12, 2023
223
0
Thank you for your reply. I am his LPA and the basic terms would be mainianed it would just exclude him. If I die before him the LA will be able to strip all assets just leaving the £20,000 so I would like to try and retain some money for the family.
I am not under any pressure from our children who are financially better situated than us but we have a seriously disabled grandchild who it would help.
When you say he can challenge the disinheritance do you mean my husband can because mostly he doesn't know which way is up or do you mean the LA?
I will have to sell our house next year to pay the top up in year 3 but I believe he still has to be a joint owner.
I know I need to take legal advice but I have been left with a very low income and solicitors are eye wateringly expensive.
 

maisiecat

Registered User
Oct 12, 2023
223
0
Hi @maisiecat

My wife and I had a similar situation with mirror Wills. I wanted to make changes to my beneficiaries and she agreed to do the same. Before accepting her Instructions our solicitor required proof of her capacity. Her GP found that she was unable to fully explain the changes and why she wanted to make them nor maintain a consistent line of reasoning. Her Will remains unchanged whereas mine now reflects the changes I wanted.

Where this differs from your situation is that my wife remains as sole beneficiary in the case that I predecease her. Hence the changes I have made will only have an effect if she dies before me.

That's only a partial answer to your question. Unless the mirror Wills specifically say they can't be changed separately, there's nothing to stop you making changes to yours.

Anyone disinherited or disadvantaged by changes could challenge these. My solicitor helped me to prepare a Letter of Wishes explaining why I had changed my Will. The details of this would only be made known in the event of a challenge.
 

maisiecat

Registered User
Oct 12, 2023
223
0
Hi,
Thank you that is a help. I am sure that our wills can be changed as our solicitor explained about capacity etc. My husband has Parkinson's as well as mixed dementia and she seemed well aware of how our future might be. I realise that half of all our asssets are my husband's but I would like our children,well actually our grandchildren to benefit from my share.
Interestingly when my husband's dementia escalated very suddenly in April he kept asking for a divorce and still is sometimes. I think it was about the financial stuff and he was trying to protect my future as he wanted us to continue to live together.
There would be no-one to contest it we are a very small family and very together on our views and my husband and I are the last of our generation.
I just didn't want to pay £700 to be told it was impossible.
 

nitram

Registered User
Apr 6, 2011
29,914
0
Bury
When you say he can challenge the disinheritance do you mean my husband
Yes as he would be disadvantaged by the change, the LA need not know about the change.
His LPAs should act in his best interests, if you are sole LPA not sure what happens, a deputy may have to be appointed.
As @northumbrian_k said a letter of wishes should be written explaining your reasons.
Time to discuss with solicitor?
You could try:
2023-11-09_184747.png
 

maisiecat

Registered User
Oct 12, 2023
223
0
@maisiecat

Assume house is jointly owned
Joint tenancy means your share goes to husband outside of any will.

If joint tenants you can change it to tenants in common
enabling you to leave your share to A N Other than husband.

Thank you @nitram, that is all very helpful. I will need to think about it all. I don't want to do anything that worsens our situation and all my encounters with the LA have been bruising my daughter certainly wouldn't withstand it.
 

nitram

Registered User
Apr 6, 2011
29,914
0
Bury
I don't want to do anything that worsens our situation
Changing from joint tenants to tenants in common is not deprivation of assets, both before and after the change he owns half the house.

You would just change your will to give your share to your choice of beneficiary.
 

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