Question on Contentious Probate

Tabby026

We got together when she was 3 years old

Nicki

This earlier thread by the OP is interesting, because in this one she and her dead husband were in the same boat as poor stepdaughter will be in. Apparently then the very principle of disinheriting one family member was very upsetting to OP (when it was her who would lose out on the dosh!)

And at the time the thread was created, four years ago, neither she nor her husband had any children so funny how two adult children have now materialised!

https://forums.moneysavingexpert.com/discussion/4794354

Tabby026

I was getting advice for someone else four years ago, it was not for me and my husband, but a friend of ours. Never assume everything you read is about the person in question. Our situation is the one I am writing about now for what I would like factual information on so I can make an informed decision.

FreeBear

Tabby026 wrote: »

I would like factual information on so I can make an informed decision.

I think the general consensus is that whilst the stepdaughter may have the right to make a claim, her chances of success is very limited. One factor that I don't think has been mentioned that would go against her - Under the rules of intestacy, she wouldn't get a penny, only your biological and adopted children would inherit.

Tabby026

I thought the rules of intestacy only applied if you had not made a will, whereas I have.

Yorkshireman99

Tabby026 wrote: »

I thought the rules of intestacy only applied if you had not made a will, whereas I have.

The intestacy rules apply if the will is invalid or if a valid will does not dispose of everything. That is why a will should include a residuals clause.

SevenOfNine

Tabby026 wrote: »

I thought the rules of intestacy only applied if you had not made a will, whereas I have.

Is that the mirror Will you & late husband made, leaving everything to each other & subsequently an even split between BOTH your daughters by whichever of you was the last to die? To be replaced now he's gone with one that cuts his out?

"She was cold & distant when we got together", hmm, astute for a 3 year old. No doubt as an adult now she'll get over anything you choose to do to cut her out & quite probably won't even be surprised. Have you considered that your own daughter may not outlive you, so your plans may need to reach a little further?

If nothing else, hopefully this thread will serve to ring LOUD ALARM BELLS for anyone in a second relationship & offspring they love from the previous one!

Ms_Chocaholic

Tabby026 wrote: »

I was getting advice for someone else four years ago, it was not for me and my husband, but a friend of ours. Never assume everything you read is about the person in question. Our situation is the one I am writing about now for what I would like factual information on so I can make an informed decision.

Clearly you could empthasise with the situation your (alleged) friend was in but still you are seriously considering doing the same to your husband's flesh and blood.

goingcrazy101

PasturesNew wrote: »

Another viewpoint is this:

You've taken everything her dad (and mum maybe) worked for and built up over a lifetime .... and she gets nothing... whereas your daughter will get the lot, which will just be used ('wasted') on her living costs as she won't get a lot of benefits she'd be 'entitled' to if she'd not inherited so much.

I think you owe it to your husband's memory to give a little more thought and courtesy to the fruit of his loins. She never asked to be born; she didn't ask for her parents to split; she never got to choose you.

This is exactly how we feel currently, my dad passed away and his wife is being very difficult and we are yet to see the will. We have been told there is a 'no contest' clause on it should we appeal it we would potentially loose anything he has given to us.
They had no children together, similar situation to yourself except we were all on good terms with dad but not her.

Please think of the way your step daughter will feel if you remove her, it currently feels as though dad has forgotten about us in his new marriage and this has made the grieving process very hard. If he wanted her to have half of his estate then please honour this, if your daughter is so good with money then 300,000 is more than enough to support herself.

It is not the monetary value, it is the feeling of where her dad placed her in his priorities. How would you feel if he gave it all to his daughter should you have died first?