Wills - stepdad and inheritance 26 March 2019 at 9:28PM edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate 31 replies 4.6K views

Sea_Shell

Who's your nan going to leave everything to, if something has already happened to you? If her daughter (your mum) gets anything, then I'm not sure how she can stop your SD getting any of it eventually, depending on who goes first out of them 2.

POPPYOSCAR

Mojisola wrote: »

If she has any personal items that she wants to leave to you, she could gift them to you now. They wouldn't form part of her estate then.

Yes I was going to say the same.

When a friend of mine died she left all her jewellery to her children.

However, when they went to get it their stepfather had taken all the valuable items and left just a few costume pieces.

gemw

Thanks everyone.
I can’t figure out how to reply individually.

I’ll see my mum in person soon, so I’ll try and bring up the subject with her. From what my Nan has told me, it sounds like she’s sneakily trying to organise a will without her husband finding out. I presume this means she doesn’t want to automatically leave him everything. It’s hard for her to get away to see a solicitor in person as he’s always with her, but I’ve suggested she sees a solicitor through Cancer Research UK to get some proper advice.

Unfortunately my mum isn’t receiving any more treatment. We don’t know at this point time scales, but she’s meeting with the doctor next week to discuss options for palative care.

I’ve attached some screenshots of my nans will. I don’t fully understand what it means tbh. I’ve told her I’m happy to ring round a few solicitors for advice and ask RE just an amendment to the will or if a new one be necessary. Ultimately, what my Nan is worried about it once my mum has passed, and then she herself dies, will he have any right to try and claim my mums share of the estate as her widow. We’re getting mixed responses about this from people we’ve asked.

As for myself, I have a will already sorted.

dropbox.com/s/43zt0uy2d80mo53/Nans%20will-1.jpg?dl=0

dropbox.com/s/em1ifm9rih0s5n9/Nans%20will-2.jpg?dl=0

Mojisola

gemw wrote: »

Ultimately, what my Nan is worried about it once my mum has passed, and then she herself dies, will he have any right to try and claim my mums share of the estate as her widow.

We’re getting mixed responses about this from people we’ve asked.

No, a surviving widow/widower cannot claim a deceased spouse's inheritance - an inheritance only passes down the blood line.

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084
"a gift in a Will to a child or remoter issue of the testator or testatrix (IHTM12001) will not lapse if the dead beneficiary leaves issue (children) who are alive at the testator’s death"

Ask the people who are saying differently to refer you to the law that says a surviving widow/widower will inherit.

(This is assuming we are talking about England and Wales.)

Socajam

From my personal and humble position, I would get a new will drawn up and make sure it's air tight.
Sometimes we look at the money beforehand, but we eventually pay out more in the long term - that how foolish humans are about money.
Your Nan should leave everything to you with the understanding you will take care of your mom. That way the stepfather does not come into the equation, all your Nan's assets are yours.
But get a new will - vengeance is mine said the Lord - if you really want to see human vengeance - you will see it when some dies and the survivor(s) think they were cheated.

Caz3121

gemw wrote: »

got their Will’s created it cost them about £2k

https://freewillsmonth.org.uk

gemw

Thanks everyone!

I’ve made an appointment for my Nan to see a solicitor RE reading through the current will and deciding if she needs a new one.

I can’t believe how much her and my grandad were ripped off. I never knew they paid that much until recently! That solicitor should be ashamed of themselves.

TBagpuss

If your mum wants to make a will, then speak to a local solicitor to arrange it for her. Most solicitors will do home (or hospital) visits if someone isn't well enough togo o their offices.
Did your Nan see a solicitor last tim, or was it a will-writer? I would normally expect the cost of a will to be around £200 +VAT although if she wanted to make complex arrangements like setting up trusts it might be more. If she sees a solicitor they will be able to advise her about Powers of Attorney at the same time.

Magnolia

gemw wrote: »

I can’t believe how much her and my grandad were ripped off. I never knew they paid that much until recently! That solicitor should be ashamed of themselves.

My husband and I had mirror wills created last year that cost a total of £250.

Shop around if need be.

pattycake

Just a thought, if Nan’s will cost £2000 (which is extortionate) perhaps a Power of Attorney was created at the same time. That would make the cost about right. Worth checking at any rate.