Wellington
Registered User
- Messages
- 12
What I'm worried about is that after my fathers death she could leave her share to her children and then we're into a legal wrangling!
That's exactly what I was thinking. I am married for the second time and both myself and my husband have left everything we own to each other. The surviving party will make a final will. We want to be sure the who ever is left behind is well provided for. When our children were younger we had different arrangements in place but now that they are married with their own families we both come first for each other.Is there a potential 'right share' issue with this proposed new Will - if wife only gets 25%, this is less than her 'right share' of one third.
It's stated in the will that if one of the children dies that it reverts to the other children. But no provision for what if he and his new spouse dies, what happens to her share?
If your father dies first, your stepmother will get her share. You say she will be left one quarter. But in fact she is entitled to one third under the Succession Act- and is entitled to appropriate the family home to her use.
If your stepmother dies first, her share lapses anyway but presumably your father will remake his will.
If they die together, they should have a 'commorientes clause' in their will to deal with the situation.
Putting aside that fact his wife ie entitled to one third of his estate once all 4 inherit the house, there are potential family rows in the futue anyway, if one of the owners want to sell and the others don't.
This is a very interesting discussion. OK, so the (second wife) is entitled to 1/3 of her husbands estate.
Does this one -third refer to the entire estate (family home + any other assets), or is it just the "non- home" assets?
Also, has she an effective entitlement to the family home, as the family home cannot be sold without her permission?
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