What happens to our spouses when we die

That's ok then

You've had a lot of responses to far. To add to, and possibly confirm, what has already been said:

1) Always draw up a will. It is not difficult. You can do it online these days.

2) For UK Pensions, the member can nominate their preferred beneficary - it will be called a Death Benefit or Expression of Wishes form. Again, this is not difficult. You don't want to leave it to the pension trustees to decide for you - be specific.

Also, if the pension benefits have yet to be drawn, and your spouse is not resident in the UK, the pension will typically pay-out a lump sum, at the value of the pension, rather than an income.

B.

Interesting thread...

My dilemnas:

1) my UK property, investments and cash (offshore uk)... I know my wife wouldn't know where to bloody start
2) letting my wife have control of those assets above 1) once I am dead.... I know my wife wouldn't be able to fend off the greedy and aggressive siblings

I have a good friend that I'd be happy to give a POA to but I'm thinking maybe I should put it in trust to protect it.

Basically my wife is a bit of a numpty and far too soft for my liking.

Any suggestions?

I suspect that trust is the ideal solution although there will be issues with the cost of running it. Also has the advantage that protects her in terms of getting married again and if it goes wrong - out of reach of a new spouse. Also has advantage that have some control over what happens to assets. Have to apply some thought to what happens after she dies. Not sure how old she is or whether could have another child but worth thinking through that scenario in case anything happened. Also worth thinking through your children scenario.

Will setting up trust is also opportunity to cover where assets are to allow them to be found and moved into trust - prepares for the worst case scenario and makes things easier.

i May corrected on this but I have been informed that two wills are required, one for UK and one in Filo if you have assets there too.

I know exactly where you’re coming from, my wife is also too kind hearted. My Will is pretty simply in that all goes to her. I have appointed two executors that I trust wholeheartedly to help her where necessary. My wife’s been here in UK nearly one year now and although she loves it, she feels that she would move back to filo as she isn’t making “good” friends here. I have sat with her and written everything down, phone numbers to notify ref pensions, things to do ref funeral - not what she wants to hear but necessary.

Like your wife my wife doesn't like to talk or listen about necessity and practically of if and when I pass.
When we lived in Yeovil area my wife did struggle with making friends but up here in Merseyside she has fared a lot better probably due to the culture diversity up here, Whilst Somerset was a nicer area to live in I am glad for my wife's sake we made the move.

i havent made a will since we got married ( which negates any previous will. )
In a way--it suits me. She will get the first £250K undere intestacy rules. Any other cash my survivors can argue about. But i ought to set up something so she gets the use of my house for her lifetime. Dont want it going out of my family when she dies.

I can perfectly understand that... I'm from the south but I'm looking at maybe Newcastle for financial/working/schooling and social reasons...

Done one this morning... not exactly what I want but it was free!

https://www.freewills.co.uk/

What I'd really like to do is put any UK property I own in trust for the children and entitle my wife to live their or take the rent on it until she dies... but I think I'll have to pay someone to put a clause like that in it.

I have no desire for a funeral and therefore at my demise I will be cremated straight from a funeral directors (pure cremations) have a plan to cover this
I have 2 properties 1 we live in and the other I rent out, I doubt my wife could cope with this.
I have 3 biological grown up sons and grandchildren and I need to protect their interests my wife's daughter (aged 24) lives with us and appears to still hanker after a chap from the Philippines who she went out with as young adults. They have little chance of being together unless she returns to the Philippines or she came into a shed load of money here ie my 2 house sales collateral passed to her from me to her mother to her, but this leaves my biological side vulnerable.
One of my sons along with my wife will execute my will which is in 2 parts
No funeral
The sale of the rented property will be executed with notice served at the event of my death money raised will be put in trust till part 2 of the will is executed any monies raised through the rental between my death and sale will as mentioned in the last point below be put in a maintenance pot to be administered by the executors at the time
My wife can live in the property we currently live in as can her daughter till my wife passes away at this point the house will be sold and monies put in the trust pot. There are a set of rules to this arrangement which are no other person other than mother and daughter live in the property short or long term. If my wife decides to move and the house is to be sold and monies raised go into the estate pot therefore preventing any influence from her daughter to raise cash
Part 2
On the assumption at this point my wife has remained in our property till death
A) The trust from property one will be split equally between my 3 biological children
B) The monies raised and at a sticking point with my solicitor on this who is trying to work around it! The monies raised from property 2 will be split 4 ways 25% each to my 3 and my wife's daughter but on the proviso that my wife's daughter earning as a bare minimum the UK government minimum threshold for a spouse visa application.if she cannot meet this requirement her 25% is to be given to her in equal portions over 5 calander years
All other incidental sales such as our campervan monies raised are to be put in a maintenance pot for the family house

Hmmm interesting... does that mean she'll have to earn £38,700 to get her share ?

The step daughter I mean.

As such she is not my step daughter in the eyes of the law
But
Yes she must be earning the current £38500 orwhatever that fee is, or if she isn't then she will get her 25% in installments over 5 years

Hmmm... but what's to prevent the daughter filing an Inheritance Act (1975) claim?

Without wishing to pry... but if she's a bit of a loafer I guess she could easily argue you are maintaining her could she?

ps. if she's not viewed as your daughter perhaps that would prevent her claiming

Yes at the moment as I said the sticking point is the stipulating of her earnings minimum requirement or the instalment plan. My solicitor understands why I want to do it this way but isn't sure it would stack up if pursued.
As regards to The Act there is a provision for if the will was thought to be a possible cause of challenge in later years the will writer( me) can leave a positive letter explaining why the will was written in such a way.
Again within the Act is the daughter a dependent well she came over at 17 years and 6 months of age and there is nothing to say other than perhaps the visa fees that I helped with up to ILR to say I have set aside monies to support her

@matt
"I have no desire for a funeral and th"

i fully understand that: when my dad died i had the will read to confirm he had no specific requirements for a funeral.
I was his sole beneficiary and execultor: i made the funeral arrangements--a cremation with no religious service. He was religious--a member of a very controlling cult that had caused chaos in my life--i wanted nothing to do with that and didnt tell any of them he had died.

My dilemna is 2 of my 3 grown up offspring have nothing to do with me--shunning. If i do leave them some of my estate they will most likely donate it to their cult. I'd rather burn it.

Do the 2 you have no contact with have children if so could you put the money in trust for them till they reach a certain age?

I think there are 5 or 6. I only know 2 of their names I’ve never met any of them . I heard the eldest got married. I’m sure if I left them money it would end up in the collection. And I don’t think its appropriate as they have made no attempt to contact me.

Then I would look at charitable donation in memory of my parents local hospital, hospice or the like