I made my will a good few years ago. It wasn’t long after I was married. We had no children, so I left all my assets to my wife. A lot has changed since. We have four children, the oldest is 22 and I’ve been separated from my wife for a few years. She is living in the family home. I wanted to make a change to the will to leave most of my assets to one of my children. I feel the others are well looked after with good jobs and incomes. I haven’t been to my solicitor, but was wondering if by doing that my children could challenge the estate after I am gone. I do intend to leave the other children a small sum.
Your query brings up a number of points. It is good that you actually have a will. However, it shows how important it is to regularly update your will, especially if significant events happen in your life. From reading your letter, there have certainly been some significant events. You can make changes to your will as often as you want, although I’m sure your solicitor would not be happy if you turned up every week.
Let’s look at the current situation. If you did die in the morning, the will you made over 22 years ago would be deemed a valid will and, as you stated, your wife would receive all your assets. Your children have no absolute right to inherit their parent’s estate if the deceased parent has made a valid will.
However, by the sound of it, you want to rewrite your will, giving one child nearly all your assets. You would not be able to do that. The reason is that, where there is a valid will and there are children, your wife would be entitled to one third of your estate. This is still the case even though you are now separated. The fact that you have lived apart for years does not affect this.
Given she is living in the family home, your wife might take the family home as part of her legal right, even if you did leave it to one of your children or any other person. If the family home is worth more than the legal right (one third of the estate) your wife would have to pay the difference into your estate, to be paid out according to your wishes. After that, you can give the assets as you wish.
One concern you raised if you give the majority of the assets to one child is whether the other children will feel hard done by. As I have said, children have no absolute right to inherit. However, if a child considers that he/she has not been adequately provided for, he/she may make an application to court.
The child doesn’t have to be a minor or be dependent, so any of your other children could do this. Giving them a small sum does not do away with that right. It will then be up to the court to decide if you failed in your “moral duty to make proper provision for the child in accordance with your means”. Each case is decided on its merits and the court looks at the situation from the point of view of a “prudent and just” parent.
I would go and visit your solicitor and talk through what you are thinking. You can still give most of your assets to one child, provided you do look after your wife’s share.
In your will, you should explain why you have chosen to leave more assets to one child. If it is because you feel that the other children have adequate means and assets and that is one of the reasons then put it down. Once it is clearly and logically explained, it greatly reduces the chances that they will feel hard done by or go to court to change it.
Even if they do go to court, by your clearly stating the reasons for your decision, the chances of the court believing you to be prudent and just would be increased.
One thing you do not want to create is a situation that leaves your family fighting one another. This has happened on too many occasions. As I said, you can go back in again and make further changes to your will in the future.
For example, returning to your wife’s rights, if a decree of divorce/dissolution is granted, you are no longer married and succession rights are automatically extinguished. This means you would have to leave your wife one third, although the divorce settlement might have already made a decision on the assets she is entitled to.
As a divorced spouse (or a civil partner), your ex wife could make an application to court seeking a share of your estate, provided the application is made within six months of the date of the Grant of Probate or Administration and your ex wife has not remarried.
Finally, when you are in with your solicitor, talk about signing a power of attorney. This is in case you become incapacitated and cannot make decisions for yourself. I’m saying this as I believe they should always be in the same conversation, difficult as it may be.
Reviewing your will
• You should review your will regularly, especially after significant events.• A spouse is entitled to one third of the estate where there is a will and children.• Children have no absolute right to inherit their parent’s estate if the deceased parent has made a valid will.• Making your wishes clear in your will helps people understand the reasons.• Talk about signing a power of attorney
I made my will a good few years ago. It wasn’t long after I was married. We had no children, so I left all my assets to my wife. A lot has changed since. We have four children, the oldest is 22 and I’ve been separated from my wife for a few years. She is living in the family home. I wanted to make a change to the will to leave most of my assets to one of my children. I feel the others are well looked after with good jobs and incomes. I haven’t been to my solicitor, but was wondering if by doing that my children could challenge the estate after I am gone. I do intend to leave the other children a small sum.
Your query brings up a number of points. It is good that you actually have a will. However, it shows how important it is to regularly update your will, especially if significant events happen in your life. From reading your letter, there have certainly been some significant events. You can make changes to your will as often as you want, although I’m sure your solicitor would not be happy if you turned up every week.
Let’s look at the current situation. If you did die in the morning, the will you made over 22 years ago would be deemed a valid will and, as you stated, your wife would receive all your assets. Your children have no absolute right to inherit their parent’s estate if the deceased parent has made a valid will.
However, by the sound of it, you want to rewrite your will, giving one child nearly all your assets. You would not be able to do that. The reason is that, where there is a valid will and there are children, your wife would be entitled to one third of your estate. This is still the case even though you are now separated. The fact that you have lived apart for years does not affect this.
Given she is living in the family home, your wife might take the family home as part of her legal right, even if you did leave it to one of your children or any other person. If the family home is worth more than the legal right (one third of the estate) your wife would have to pay the difference into your estate, to be paid out according to your wishes. After that, you can give the assets as you wish.
One concern you raised if you give the majority of the assets to one child is whether the other children will feel hard done by. As I have said, children have no absolute right to inherit. However, if a child considers that he/she has not been adequately provided for, he/she may make an application to court.
The child doesn’t have to be a minor or be dependent, so any of your other children could do this. Giving them a small sum does not do away with that right. It will then be up to the court to decide if you failed in your “moral duty to make proper provision for the child in accordance with your means”. Each case is decided on its merits and the court looks at the situation from the point of view of a “prudent and just” parent.
I would go and visit your solicitor and talk through what you are thinking. You can still give most of your assets to one child, provided you do look after your wife’s share.
In your will, you should explain why you have chosen to leave more assets to one child. If it is because you feel that the other children have adequate means and assets and that is one of the reasons then put it down. Once it is clearly and logically explained, it greatly reduces the chances that they will feel hard done by or go to court to change it.
Even if they do go to court, by your clearly stating the reasons for your decision, the chances of the court believing you to be prudent and just would be increased.
One thing you do not want to create is a situation that leaves your family fighting one another. This has happened on too many occasions. As I said, you can go back in again and make further changes to your will in the future.
For example, returning to your wife’s rights, if a decree of divorce/dissolution is granted, you are no longer married and succession rights are automatically extinguished. This means you would have to leave your wife one third, although the divorce settlement might have already made a decision on the assets she is entitled to.
As a divorced spouse (or a civil partner), your ex wife could make an application to court seeking a share of your estate, provided the application is made within six months of the date of the Grant of Probate or Administration and your ex wife has not remarried.
Finally, when you are in with your solicitor, talk about signing a power of attorney. This is in case you become incapacitated and cannot make decisions for yourself. I’m saying this as I believe they should always be in the same conversation, difficult as it may be.
Reviewing your will
• You should review your will regularly, especially after significant events.• A spouse is entitled to one third of the estate where there is a will and children.• Children have no absolute right to inherit their parent’s estate if the deceased parent has made a valid will.• Making your wishes clear in your will helps people understand the reasons.• Talk about signing a power of attorney 
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