Will leaving inheritance to step-mum in first instance

lainers08

Hi,

I am wondering where I stand. My dad died last year and he had a will made up with his wife (my step-mum), leaving everything to her and then once they both die, their estate will be shared amoung all 5 children (3 on my dads side, 2 on step-mum's side).

We live in Scotland and my siblings don't have a great relationship with my step-mum so after his estate went to court, we all claim our legal right to 1/3 of his movable assets (between 3 of us).

I am wondering, can my step-mum rewrite a will at any time and write my siblings and I out of the estate/will? Or does she have to stand by the previous will.

I am guessing, do I need to worry that she was un-happy that we claimed our legal right and may change it? or can we contest it again if she dies?

KR
Elaine

Sea_Shell

Unless the rules are different in Scotland, anyone can rewrite their will at any time, leaving their estate to whoever they wish (other than rules around disinheriting OWN children)

I don't think there are any rules about disinheriting step-children. Sorry.

unforeseen

Don't forget that your dad's children have legal rights over the movable estate that can not be removed.
It is one third of the movable estate between all children I believe.

It should be dealt with now as part of his estate and not passed to the step-mum

MovingForwards

Or did the wills say they give a life interest to the survivor, then it passes to the kids?

Keep_pedalling

MovingForwards wrote: »

Or did the wills say they give a life interest to the survivor, then it passes to the kids?

That’s what any sensible will should do, it’s not a DIY job I hope.

sammyjammy

I can only tell you that this happened to a friend of mine, her father had actually owned the property in full before he married said step mother, after his death she changed her will and left everything to her own daughter. Very difficult for my friend that her Dads wishes were not followed but entirely lawful.

comeandgo

Off course she can change the will and as you and your siblings went against your dad's wishes by claiming what is legally yours then she may have no qualms in doing so.

kangoora

comeandgo wrote: »

Off course she can change the will and as you and your siblings went against your dad's wishes by claiming what is legally yours then she may have no qualms in doing so.

True, but the step-mum could have done that even if they didn't claim the moveable estate. Then the OP and her siblings would have got nothing at all in that scenario.

'A bird in the hand'

On the original topic, the step-mum is entitled to write her will any way she chooses with what is now HER property and assets. Provided she takes proper legal advice and gets a will drawn up by a solicitor I think you might struggle to contest it if she should choose to go that route. It doesn't sound like you are financially dependent on the step-mum..........

Brynsam

Sea_Shell wrote: »

Unless the rules are different in Scotland, anyone can rewrite their will at any time, leaving their estate to whoever they wish (other than rules around disinheriting OWN children)

I don't think there are any rules about disinheriting step-children. Sorry.

I don't think there are any actual rules about disinheriting your own children (unless they can demonstrate financial dependency and a claim for adequate provision succeeds - often very difficult), unless you live in Scotland??