How do i safeguard my kids inheritance from stepchild

margaretclare

Gloomendoom wrote: »

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.

Marriage invalidates any existing will. Intestacy rules should have kicked in as aunt's husband died intestate. She should have inherited, as his legal spouse!

I assume we're talking about English law here?

rpc

margaretclare wrote: »

Marriage invalidates any existing will. Intestacy rules should have kicked in as aunt's husband died intestate. She should have inherited, as his legal spouse!

I assume we're talking about English law here?

Most of the thread is under Scots law, although that poster doesn't state which.

In Scots law marriage does not invalidate a will (divorce doesn't either).

margaretclare

rpc wrote: »

Most of the thread is under Scots law, although that poster doesn't state which.

In Scots law marriage does not invalidate a will (divorce doesn't either).

So what, in that case, should have been provided for the legal spouse?

Edwardia

balletshoes wrote: »

and scotch eggs.

According to their website, Scotch eggs were invented by Fortnum and Mason

moneysaymoneydo

Scottish law for example if you and DH (god forbid) die in car crash they "assume" oldest dies first so hence inheritence then drops to "youngest in crash" so if you are oldest all monies would go to DH's choice, this is an extreme example i competely agree with others your 2 kids come first in your eyes so make a will your husband does not need to be informed of in and outs same as your DH could leave all to the other child, highly improbable but look after your own make sure no problems once you are gone your kids are taken care of.

LilMissEmmylou

Edwardia wrote: »

According to their website, Scotch eggs were invented by Fortnum and Mason

What about Scotch Broth? It MUST come from Scotchland :rotfl:

daska

margaretclare wrote: »

Marriage invalidates any existing will. Intestacy rules should have kicked in as aunt's husband died intestate. She should have inherited, as his legal spouse!

I assume we're talking about English law here?

I assumed the opposite based on the OP:

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.

rpc

margaretclare wrote: »

So what, in that case, should have been provided for the legal spouse?

I don't understand your question.

If a will is made, it still applies after the marriage. A new spouse acquires legal rights (half the moveables if no children, one third if there are children). Those rights can be claimed regardless of what the will says. If a house that the surviving spouse lives in (but does not own) is left to someone else, they have no rights to it where a will exists. They would take the house with their prior rights if the death was intestate.

Seeing as children, parents and siblings take precedence over the spouse when it comes to the remainder of the estate, a will really needs to be made to accomodate the spouse. If there is an old will that does not accomodate the spouse, this should be replaced. This could happen before the marriage, you do not have to wait until you are married or make your will "in anticipation of marriage". Wills should also update when children are born - the legal rights change once there are children so an old will may find itself being dragged through court.

Full explanation of prior, legal and other rights is here
http://www.scotland.gov.uk/Publications/2005/12/05115128/51285