Would you leave your house to daughter only and not between son and daughter?

Helen28

Would you leave your house to daughter only and not between son and daughter?

I own my own house and am in the process of making a new will.

I have a son age 50 who does not live locally and a daughter age 46 who does.

My daughter is living with her partner, a man 30 years older than her, in rented accommodation.

They have lived together for about 23 years and have a 20 year old son.

Their only income is her partner's OAP and her part time earnings of £600 a month and they have minimal savings.

I have just lent them the money to buy a car, if I never get repaid I'm not really bothered though I haven't told them that.

My son, on the otherhand, is very successful, owns his own house mortgage free, has in excess of £250,000 in the bank and over £100,000 worth of his company shares with no intention of ever having children.

I know that the minute I go my daughter will move into my house house rather than have it sitting empty before even informing her brother of my going and he will let her stay there.

We stay in Scotland and he stays in England and has no intention of moving back to Scotland.

So to make it easy for them should I leave the house and it's contents and money to my daughter and only leave what is required under Scottish law to my son with the proviso that he can also claim any personal items he wants or should I do what Scottish law states if I was to die intestate and leave everything to be split equally?

I know that there is no way that my daughter could buy out her brother's share of the house if it was left to the both of them and he would just let her live there.

PeacefulWaters

Not for me.

Regardless of circumstances 50/50.

itsanne

While I understand your thinking, I'd suggest the only way of doing that without the possibility of causing major hurt would be after discussing it fully with your son.

Mojisola

Helen28 wrote: »

Would you leave your house to daughter only and not between son and daughter?

Their only income is her partner's OAP and her part time earnings of £600 a month and they have minimal savings.

My son, on the otherhand, is very successful, owns his own house mortgage free, has in excess of £250,000 in the bank and over £100,000 worth of his company shares with no intention of ever having children.

Have you discussed this option with your son? He may be quite happy to see his sister with a secure home after you've gone.

Regarding the loan - assuming you have paperwork saying that it was a loan, it would have to be paid back into the estate after you die unless you have included a clause writing it off on your death.

Sea_Shell

Are you my mum!!!!????

As the "brother" in these circumstances, I'd feel pretty hurt if you did this without any discussion. To be disinherited just because you've done ok for yourself.

If your children are not on the same page over this, you could tear your family apart.

thorsoak

Make a will, leaving a nominal amount to your son and the rest to your daughter - and place a letter with the will explaining why you have treated them so differently. Do not leave your daughter to have to bear the brunt of any indecisiveness on your part.

marliepanda

Do whatever you want to do, its your money.

However think carefully about why you are doing it. Your daughter chose to move in with a 53 year old man when she was 23. She is, I assume, currently choosing to work part time. She has made her life choices.

Your son has also made his life decisions. Yes he has more money than her, but why does that mean that you want to now leave all your money to your daughter?

System

i wouldnt do it.

If your that concerned your Son doesnt want/need the money he could always gift it to his sister.

BorisThomson

thorsoak wrote: »

Make a will, leaving a nominal amount to your son and the rest to your daughter - and place a letter with the will explaining why you have treated them so differently. Do not leave your daughter to have to bear the brunt of any indecisiveness on your part.

A well considered answer. It ensures that both children are taken care of in their later years, but also explains that reasoning so as to avoid arguments or ill feeling.

My immediate answer would have been 50/50, but thinking on it I prefer an approach that secures the futures of both the children. That's surely what any parent wants when making a will, to know their children will not need to struggle in future?

pinkshoes

Both your children have made their decisions in life.

I would speak to both your children and ask them what they feel would be a fair will.

Personally I'd go 50/50 unless your son agrees to a lesser share.

74jax

Are you not telling them before hand. Or will you be discussing.

To not find out until you have died could be horrendous for both son and daughter.

I'm not sure why just because your son has taken a different path you want to disinherit him. Your daughter has chosen her way for the last 23 years, it is her choice to be this way.