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How can I ensure my stepsons don't get a penny from my will?

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  • daveyjp
    daveyjp Posts: 13,568 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can set up a trust which protects your half of the value of the property.

    You can also set up a 'Blood trust' which will cut out step children.

    You need legal advice to set up either.
  • SailorSam wrote: »
    Did you see that series of programmes on the Tv where people were having Wills written. One was a couple who were on second marriages, he had daughters that the wife didn't want to get any of her money, the wife had no children of her own. In the Will it was stipulated that if he died first his half of the estate would go to his daughter but his wife could continue living in the house until she died. If she died first all her cash would go to a cats home that she was involved with, her husband would continue to live in the house until his death and at this time the proceeds would be split. half to the daughter and half to the cats home.

    This sounds absolutely the perfect solution to me. I only hope its 100% and that once this has been set up with a solicitor in a Will... that nobody can contest it when I'm gone. I'm less angry and worried than I was this morning about it.

    However, there is still a niggle that what happened to a poor woman in the daily mail yesterday, could happen to me.
  • floss2
    floss2 Posts: 8,030 Forumite
    I wont be leaving any money to my husband. I have a will currently which states that everything I own be left to an animal charity. That will was made when I owned my own house.

    This will became invalid when you married your husband.

    You need to take legal advice, and bear in mind that you currently have no will, and in the event of your death any estate would fall into the intestacy rules.
  • swampduck
    swampduck Posts: 962 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    You are correct in saying that if you marry you invalidate your will - unless - however you say that your will is being made in contemplation of marriage.
    I did this and made a will with my other half to save the expense of redoing wills when we get married.
    We are still not married but whether we do or not - our wishes still stand.

    Swampy
    Expect the worst, hope for the best, and take what comes!!:o
  • Gigglepig
    Gigglepig Posts: 1,270 Forumite
    edited 1 April 2011 at 1:47PM
    April fools?

    You married someone who did not have contact with their kids - big red flag. Surely it was to be expected that the contact could change, and that if it did, that you may disagree with his parenting style. Of course your OH will spend money on his kids, that is not strange.

    Do you not even feel a little sympathy for these kids - whether it was due to their mum or dad that they did not have contact with their dad, it sure does not sound ideal. They are your family now - and they are so young that they may change a lot when they mature.

    And perhaps you'll change a bit too? I must say that I would feel awful if I had a step parent with that attitude towards me. If you have only known the kids for 2 years it may take longer to establish a good relationship.

    In 50 years time perhaps it will be natural that they do inherit you - and what about potential grandchildren?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Gigglepig wrote: »
    And perhaps you'll change a bit too? I must say that I would feel awful if I had a step parent with that attitude towards me. If you have only known the kids for 2 years it may take longer to establish a good relationship.

    In 50 years time perhaps it will be natural that they do inherit you - and what about potential grandchildren?

    A will isn't a once-and-forever document. If this is how she feels now, her will should put her part of the house in a trust which will go to the charity once her OH has died. He may want to do the same with his part of the house so that, on her death, his share goes to his children and not the animal charity.

    If her relationship with the stepsons improves or grandchildren come along and she wants to help them, a new will can be written.
  • My mum was recently killed in a car accident and had left no will, i hope for mine, my sisters and our childrens sake our step-father isnt as selfish as you
    TROLL SLAYER......
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My mum was recently killed in a car accident and had left no will, i hope for mine, my sisters and our childrens sake our step-father isnt as selfish as you

    I can understand that your emotions are probably raw at the moment but the OP isn't being selfish by wanting to give her money to a cause she thinks a lot of.

    Her stepsons have a father and a mother. Why should they benefit from the estate of someone their father married?
  • Mojisola wrote: »
    I can understand that your emotions are probably raw at the moment but the OP isn't being selfish by wanting to give her money to a cause she thinks a lot of.

    Her stepsons have a father and a mother. Why should they benefit from the estate of someone their father married?

    are you for real???? why shouldnt they? wont she be benefitting from his finances? which they are entitled to.....
    TROLL SLAYER......
  • Gigglepig wrote: »
    April fools?

    You married someone who did not have contact with their kids - big red flag. Surely it was to be expected that the contact could change, and that if it did, that you may disagree with his parenting style. Of course your OH will spend money on his kids, that is not strange.

    Do you not even feel a little sympathy for these kids - whether it was due to their mum or dad that they did not have contact with their dad, it sure does not sound ideal. They are your family now - and they are so young that they may change a lot when they mature.

    And perhaps you'll change a bit too? I must say that I would feel awful if I had a step parent with that attitude towards me. If you have only known the kids for 2 years it may take longer to establish a good relationship.

    In 50 years time perhaps it will be natural that they do inherit you - and what about potential grandchildren?


    well said, completely agree
    TROLL SLAYER......
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