How do i safeguard my kids inheritance from stepchild

skypie123_2

From what I read in the Op and what you go onto say, it's not really about your kids at all Op is it?
It's about making sure you get to stay in your house and your husband's child gets nothing.
Why should this child get nothing?
Your children have been brought up by this man, are they his?
This child not only gets zero contact with their father but no inheritance either. Yeah that seems fair...

downsizer3

I was in a similar position in that the ex had a child and then we had a child together. Unmarried and house between us. Safe to say ( and we are in scotland) that its all very complicated!! Get legal advice and get a will.

zaksmum

Just make a will. Much safer than ifs and buts.

NAR

skypie123 wrote: »

From what I read in the Op and what you go onto say, it's not really about your kids at all Op is it?
It's about making sure you get to stay in your house and your husband's child gets nothing.
Why should this child get nothing?
Your children have been brought up by this man, are they his?
This child not only gets zero contact with their father but no inheritance either. Yeah that seems fair...

What's it to do with you? OP asked for advice, not your tuppenceworth!

londonsurrey

Not at all helpful to the OP, but I couldn't resist.
I've always yearned to visit Scotchland, to go wild haggis spotting, to photograph them in their natural environment, roaming free.

burnoutbabe

BitterAndTwisted wrote: »

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

well your estate could be sued for maintenance if you don't leave anything to provide for a child you maintain (ie under 18)

faerie~spangles

londonsurrey wrote: »

Not at all helpful to the OP, but I couldn't resist.
I've always yearned to visit Scotchland, to go wild haggis spotting, to photograph them in their natural environment, roaming free.

Have to say that I do enjoy watching Great white English hunters up on the hills when they are haggis hunting. I have a great view from my windows.:D

OP afaik children automatically inherit one third of the moveable estate under Scot's law.

londonsurrey

The OP hasn't mentioned the ages of the children concerned. IF what she's concerned about is ensuring that her children don't have the roof over their heads sold whilst they're still dependent minors, then I'd advise seeking legal help exploring a trust to ensure that nothing is sold until they're 18/21/25 if they're still living there, at which point the estate can be distributed.

Gloomendoom

OP you really need to sort this out. My aunt was left practically penniless when her husband died in his sleep just a couple of weeks after they were married. Unfortunately, he hadn't updated his will since before they had met and he had left everything to his adult son... her step son.

All she got left with were the debts.

I would advise that you discuss the matter with your husband to make sure you are singing from the same hymn sheet (it will save time/money later) and then pay a visit to a solicitor to get your wills sorted out.

daska

Terrano wrote: »

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.

Terrano, the best advice on this thread so far is to get proper legal advice! There are very specific rules of succession that have to be followed regardless of whether there is or isn't a Will. And the outcome may well depend on how you hold the property. There's a bit HERE on how it works in Scotland. Please ignore everyone telling you it only depends on what's written in the will and no-one has a right to inherit!