Wills with step children

Mojisola

rolling_thunder wrote: »

We wanted to make mirror wills to effectively saying just as you have quoted.. both partners had the right to live out their days as any natural parent until they die, then all funds left to be split equal between our four girls...
We didnt want the partner left to feel restricted, remarriage is likely and expected, but we have been told by our solicitor no will can work as the children can contest it soon as any child reaches 18 as they are next of kin to the deceased

This doesn't sound right to me because children under 18 would have a much greater claim on their parent's estate than those over 18.

CLAPTON

Mojisola wrote: »

This doesn't sound right to me because children under 18 would have a much greater claim on their parent's estate than those over 18.

why is that then ?

Mojisola

CLAPTON wrote: »

why is that then ?

Because if you have been financially dependent on someone you have a good reason to claim on their estate even if they didn't leave you anything in their will.

olly300

CLAPTON wrote: »

why is that then ?

While you can write your will how you choose, if you leave out people who are dependent on you i.e. those under 18 then you have basically invalidated your will as it will be overruled in a court.

That's why you should use a solicitor or a will writer to write a will especially if your will is complex like in the case mentioned.

The executors BTW shouldn't be a solicitor or a bank as they charge loads for the service. Choose a beneficiary or someone who you know is fair.

Baggysdad

We cant be the only couple with stepchildren to cater for?

You're not. And the solution, outlined a number of times already, is relatively straightforward.

So stop phaffing a round and get yourself in front of someone who can sort you out. And if they make the solution sound complicated - exercise your right to move on. And keep doing so until you find someone who can explain the solution in your language.

B

margaretclare

No, of course you're not the only couple with stepchildren. It's becoming increasingly common. I know people who are still young who're on their 3rd marriage!!

As has already been said, you can't disinherit young people under 18 who've been financially dependent on you. In English law, that's the only grounds for contesting a will - financial dependence.

So often when this type of question comes up it's how to keep what I regard as MY family assets safe from HIS family's assets i.e NOT providing for step-children or step-grandchildren. Unless you make a trust, there is no way of exercising control from beyond the grave i.e. making it impossible for your survivor to move on, remarry etc. Even leaving the house to children with the proviso that the survivor can live in it in his/her lifetime may put shackles around someone who may want to move - memories too painful, house too unmanageable etc.

Newly_retired

We are in a similar position to the OP, but are married, each with 2 grown up children and no mortgage. We have achieved what you want to achieve by using a solicitor - cost around £150 but well worth it in my opinion. In fact we saved a bit by only one of us using a solicitor, and the other doing a DIY will, copying the same words for the relevant bits.
On the first death, the survivor can stay in the house or move; either way the deceased's equity is protected. We are tenants in common, so the surviving spouse has a life interest in the other half. On the second death, that half goes to that person's children. We are each in the fortunate position of having other capital and possessions which are divided three ways, between spouse, and own son and daughter.
Hope this makes sense. I'll try to explain more clearly if required. But for this sort of situation you really do need a solicitor. It should not be left to chance or misunderstanding.
It is not a question of not trusting the other person; life is too short, things change rapidly and we both want to "protect" our own children. In my case, I inherited from my parents and if we haven't needed to use that money, we are agreed it should go to my children.