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How do i safeguard my kids inheritance from stepchild

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  • rpc
    rpc Posts: 2,353 Forumite
    TiaBaby wrote: »
    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.

    Not in scotchland. Surviving spouses, civil partners and offspring have legal rights to the moveables that cannot be set aside by a will. If a will does not allow for these legal rights, they can be claimed in court.

    The main effect of this is that it is not possible to disinherit a child in Scots Law.
  • rpc
    rpc Posts: 2,353 Forumite
    sweetme wrote: »
    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.

    Not under Scots Law. The children have legal rights and some of the moveables (not heritable property) must pass to them, should they wish to claim these rights.
  • TiaBaby
    TiaBaby Posts: 77 Forumite
    Part of the Furniture Combo Breaker
    Wow, thanks for that rpc, I had no idea.

    Is it correct then that you can disinherit a child in English law?
  • In England & Wales you can leave your entire estate to the local cats home regardless of how many surviving children you have AS LONG AS YOU LEAVE A VALID WILL
  • TiaBaby
    TiaBaby Posts: 77 Forumite
    Part of the Furniture Combo Breaker
    In England & Wales you can leave your entire estate to the local cats home regardless of how many surviving children you have AS LONG AS YOU LEAVE A VALID WILL

    Good to know, thanks :)
  • zaxdog
    zaxdog Posts: 774 Forumite
    Part of the Furniture 500 Posts Name Dropper
    rpc wrote: »
    Not in scotchland. Surviving spouses, civil partners and offspring have legal rights to the moveables that cannot be set aside by a will. If a will does not allow for these legal rights, they can be claimed in court.

    The main effect of this is that it is not possible to disinherit a child in Scots Law.

    Where is "scotchland"?
  • aliasojo
    aliasojo Posts: 23,053 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    In England & Wales you can leave your entire estate to the local cats home regardless of how many surviving children you have AS LONG AS YOU LEAVE A VALID WILL

    Guess that will be my latest threat to the offspring then.

    Keep me sweet otherwise me and all my worldly goods are moving to England. :D
    Herman - MP for all! :)
  • Cat501
    Cat501 Posts: 1,195 Forumite
    1,000 Posts Combo Breaker
    zaxdog wrote: »
    Where is "scotchland"?


    A whisky theme park somewhere?:cool:
  • aliasojo
    aliasojo Posts: 23,053 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    zaxdog wrote: »
    Where is "scotchland"?

    It's a magical place only the English appear to know about.

    I believe Scotch pies may originate from there. :whistle:
    Herman - MP for all! :)
  • balletshoes
    balletshoes Posts: 16,610 Forumite
    aliasojo wrote: »
    It's a magical place only the English appear to know about.

    I believe Scotch pies may originate from there. :whistle:

    and scotch eggs.
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