How do i safeguard my kids inheritance from stepchild

Terrano

Both me and my now (13 years) husband have no will. When one of us dies our house should pass to the other? It is mortgaged only in husbands name, but purchased after we married, his child has never been part of the family for one reason or another. My kids were brought up by both of us.
I don't know if Scottish law is different, but that's what i need to know.
If husband dies first can his child claim a share of our house?
If i die first can husband make a will to then pass all his assets to only his son?
Thanks for any advice.

tanith

The answer to your questions is possibly , which is why you'd be best consulting a solicitor and making a will under advice. Step family's get complicated when it comes to inheritances.

19lottie82

come to an agreement with your husband and visit a lawyer to get this agreement written in to a will.

Gigglepig

I think you may want to take legal advice on this one.
There is a leaflet here regarding inheritance rules in Scotland: http://www.scotland.gov.uk/Publications/2005/12/05115128/51285

That being said, why should this child not get a share after his dad, just like his dad's other children?

In any case you may also have insurances/pension funds where you can state who you wish to be the beneficiaries.

sweetme

You need a Will. Was it not suggested by your solicitor when you bought your house to make a Will? The two usually go hand in hand.

sweetme

[QUOTE=Gigglepig;5526193
That being said, why should this child not get a share after his dad, just like his dad's other children?

s.[/QUOTE]

This as well. Why shouldnt the child be entitled to their share?

Terrano

I don't have a problem with the three kids sharing our joint estate when both of us die. That's what i would chose to happen, just not sure if i am in a safe position until then. I can't afford to buy out his son from this property if he has a claim on his dads death.
We had a huge row last week and have suddenly experienced a different side to my husband.

sweetme

In a standard Will if your husband were to pass away before you the entire estate would pass to you. It would only pass to the children if both of you were to pass away.

TiaBaby

I thought a will reflected the wishes of the deceased, not the 'rights' of anyone having a share of the loot?

I would suggest making a will to potentially stop any nastiness later on.

LisaLou1982

Make a Will OP

Its the only way that you can guarantee what will happen in regards to inheritance

rpc

Are all three children his?

Matters are complicated as you do not own the house. If you did, it would usually pass to you. You have prior rights over the house, but no legal rights. A will overrides your prior rights. With no will, you would inherit the house entirely subject to some limitations on prior rights. These prior rights are exercised before the legal rights, which would distribute the rest among you and the children.

Your husband could leave a share of the house to the kids, but give you life residence. i.e. they can sell up when you move out but while you live there they cannot cash in on their inheritance. If your husband left the house to the children with no stipulations, it could get messy and end up in court.

A child has legal rights to a portion of the moveables, but that excludes property. So the rights the child has are the rights assigned in the will (as far as heritable property is concerned). They will be able to claim a certain portion of any money, etc that forms part of the estate regardless of whether this is included in a will.

If you don't understand prior and legal rights (http://www.scotland.gov.uk/Publications/2005/12/05115128/51285) then best to seek legal advice. It is not entirely straightforward and it is very important!

Scots Law is significantly different to English Law on this matter. Prior and legal rights do not exist in England. Advice based on English Law will probably be wrong.