Advice about Wills and step children please.

RAS

zzzLazyDaisy wrote: »

My husband and I were in a similar position. We made mirror wills, each leaving everything to the other, but in the event that the other should predecease then everything to be split equally with my half share being then split four ways (son and grandchildren) and his half share going totally to his son.

Of course we knew that after the first spouse's death the survivor could change his/her will, but we trusted each other to do the right thing.

Do you realise that if the survivor marries, then the will is invalidated by law and the bulk of the estate goes to the new spouse?

moralissue

Savvy_Sue wrote: »

although remember you do not HAVE to appoint solicitors as executors, nor do you have to use or even consult a solicitor if one has not been appointed as executor.

and appointing a solicitor as executor is not generally recommended unless there's no half-way competent friend or family member who might be asked to do it. Said friend or family member can always instruct a solicitor if at the time they are not up to doing the job, but at least they can shop around!

obviously for a complicated will with trusts involved you might want to do that, but again I'd suggest using a STEP solicitor for that rather than a general high street one.

I wonder if it would be worth while if we wrote our own (using online guidance/wording) and then take that to a solicitor to check and witness? Saves alot of hassle of them wanting all the details etc for them to type up etc?

Mojisola

RAS wrote: »

Do you realise that if the survivor marries, then the will is invalidated by law and the bulk of the estate goes to the new spouse?

Unless a new will is made after the second marriage - but then there will be the new spouse to consider which further complicates things.

moralissue

RAS wrote: »

Do you realise that if the survivor marries, then the will is invalidated by law and the bulk of the estate goes to the new spouse?

This is always a risk in any marriage/relationship that when one dies the other may re marry. Alot of trust has to be involved or a super hot solicitor (not mine ) would have to wrap up any previous Wills so tight that the new spouse couldn't get everything? What other way around is there?

Plus if Wills can be contested so apparently easily then surely any children could contest such a situation?

moralissue

Mojisola wrote: »

Unless a new will is made after the second marriage - but then there will be the new spouse to consider which further complicates things.

Gosh the whole thing can become such a mine field :cool: No wonder people find themselves upset when something happens to their parents and step mums/new wives end up with all the money if they believe that would never have been their parents wishes :cool:

I suppose though all we can do is make sure we do what is right right now and try our best for the situation we are in and hope that life doesn't get further complciated without updating our wishes.

RAS

moralissue wrote: »

This is always a risk in any marriage/relationship that when one dies the other may re marry. Alot of trust has to be involved or a super hot solicitor (not mine ) would have to wrap up any previous Wills so tight that the new spouse couldn't get everything? What other way around is there?

Plus if Wills can be contested so apparently easily then surely any children could contest such a situation?

Are you in England or Scotland?

Certainly will cannot be contest so easily, ask any of the folk here who have tried to do it.

Other than case where there was an evident case of coercion and competence (the deceased died of alcoholism), where three siblings tried to write the fourth out of a will, I know of none that resulted in success.

moralissue

I'm in England, where are you?

clw1

There has been some good advice so far and I agree that a % is prob best. What would happen if your husband died first - would your will state that your step-children will get a share of your estate when you die as otherwise his 50% could go to you and on to your joint-children without the step-children getting anything.

I'd advise watching the recent programmes with Gerry Robinson 'Can't take it with you' (friday nights on BBC but it should be on iplayer) as that covered various options including leaving part in a trust (ie a house) so that it could be used for care homes etc in your old age but that your husbands children would still eventually get a share if he dies first.

moralissue

Yes the step children would still get a share of the estate (when I die) if he dies first but I suppose he would just have to trust me on this unless I ask the next solicitor if we can add that stipulation at this point?

RAS

Ditto.

In scottish law you cannot exclude some family members. In English law your cannot exclude a person who is or has recently been financially dependent which might be a spouse, ex-spouse or other family member. Unless someone falls in those categories, it is hard to contest a will.

The other area seems to be where family businesses are involved; leaving the whole lot to a person who made no contribution whilst excluding another family member who worked there for a long tine, is likely to result in thwe will being overturned.

There are two sides to this.

1. If you treat children differently in a will, then there is scope for sibling strife.
2. You can legally leave the lot to the cat's home, if that is what you want.

I am in the process of sorting out my will and it is not going to be "fair". I am not going to "cut anyone out" of the will but there are some people who are family and some people I almost never see and who are pretty snotty when we do meet.

What I am advised is that you need to demonstrate that you have considered all members of your family, so that it can be demonstrated that you were of sound mind and limit chances for contesting a will. You might also be wise to talk to those it affects. I anticipate rather awkward conversations with two people who will not benefit directly from mine, even if they do eventually.

So if you want to leave nothing to someone, you actually leave then a specific bequest for £100, say. You have plainly given consideration to their case. They would have to put together an extremely good case to have a hope of contesting it - basically that you and your OH were both mentally incapable now.

I your situation, personally I would say that two children have one parent and two children have two parents who have earned this money. So one third to each of the younger children and one third to be shared by the older children

I will try and find the link to the case where the sib who was excluded got her share.