Will involving spouse and kids from previous relationship

N

New-Red

Registered User
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Hi all,
Just looking for an opinion on this please.
I just bought a house and I am due to be married later this year. The plan is to put my soon to be wife's name on the deeds of the house as co-owner as soon as we marry and then I want to leave her the house in my will too.
I want to leave 40,000 euro to be split between my two children from a previous relationship (never married) as they are going to inherit a MASSIVE amount of money and property from their mum later in life anyway and they already have a 6 figure sum each going to them from another relative payable on their 18th birthday so basically the kids are very well set in life financially anyway, so due to this my aim is to look after my wife by leaving her the house and any of my monies (not much money left anyway due to house purchase) aside from the 40,000 which I intend to give to the kids so that they know I was thinking of them too.

My question is does all of this sound doable? Or is there any obvious reason why I cannot give the house to my wife? My concern here is that if the kids are somehow entitled to inherit a share of the house then it would obviously mean my wife would lose her home which seems extremely unfair and so I am trying to avoid that happening.

Thanks in advance :)
 
Children have no entitlement to any inheritance if there is a will. They can ask the courts to intervene if they feel hard done by, but at a cost and difficult to prove

If you die without a will, then they are entitled to part of your estate
 
New-Red said:
Or is there any obvious reason why I cannot give the house to my wife? My concern here is that if the kids are somehow entitled to inherit a share of the house
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You are free to divide your estate as you see fit.

Your adult children could challenge your will on the grounds that you had failed in your moral duty to provide for them under section 117 of the Succession Act. See more here. This is why people often leave small sums in a will so it can't be said "I wasn't provided for at all".

Take legal advice on this, but I doubt that you would be caught up in this if you plan to bequeath €40k each.
 
NoRegretsCoyote said:
You are free to divide your estate as you see fit.

Your adult children could challenge your will on the grounds that you had failed in your moral duty to provide for them under section 117 of the Succession Act. See more here. This is why people often leave small sums in a will so it can't be said "I wasn't provided for at all".

Take legal advice on this, but I doubt that you would be caught up in this if you plan to bequeath €40k each.
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Nice one, Thanks very much Coyote, really appreciate that!
 
jpd said:
Children have no entitlement to any inheritance if there is a will. They can ask the courts to intervene if they feel hard done by, but at a cost and difficult to prove

If you die without a will, then they are entitled to part of your estate
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Cheers, thanks a million! :)
 
New-Red said:
I just bought a house and I am due to be married later this year. The plan is to put my soon to be wife's name on the deeds of the house as co-owner as soon as we marry and then I want to leave her the house in my will too.
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Why would you put the house in her name?

If you all live and die happily ever after, then it's fine.

But if you split up at some stage, you will have given her a present of half a house.

If you can afford this, fine.

By all means, leave the house to her in your will, in case you die unexpectedly.

But I see no point in putting the house in her name if she is not contributing to it.

Brendan
 
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