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How to split my estate fairly in my will

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I am single, mid-sixties no kids or exes. I plan to leave my estate equally to my three nieces. There is a hitch though. 

One of my nieces is in fact a step niece, for want of a better word. When my brother married his wife, he took the child on as his own, who was then about 3(before having two further daughters, my biological nieces). She is now 36. He never legally adopted her, although he, and the rest of our family treated them all the same.

Therefore, as I understand it she will pay more IHT on her portion of my estate, than her two half-sisters. Do I make allowances for that in my will or let my brothers family sort it out? 

Comments

  • gizmo111
    gizmo111 Posts: 2,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Individuals do not pay IHT, the estate pays IHT and then distributes the balance or specific amounts.  
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    I am single, mid-sixties no kids or exes. I plan to leave my estate equally to my three nieces. There is a hitch though. 

    One of my nieces is in fact a step niece, for want of a better word. When my brother married his wife, he took the child on as his own, who was then about 3(before having two further daughters, my biological nieces). She is now 36. He never legally adopted her, although he, and the rest of our family treated them all the same.

    Therefore, as I understand it she will pay more IHT on her portion of my estate, than her two half-sisters. Do I make allowances for that in my will or let my brothers family sort it out? 

    No, you misunderstand so all will be OK.

    Your executor will sort any iht from your estate and then distribute as per the Will.

    All 3 beneficiaries will get the same (if that is how your Will is set up).

    No need to worry or change anything. The estate pays.
    Forty and fabulous, well that's what my cards say....
  • RAS
    RAS Posts: 35,578 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You do need to specify "Jane Doe, step daughter of my brother John" not "my nieces" or "my brother's children". Preferably names all three. And decide what happens if any of them die before you.
    If you've have not made a mistake, you've made nothing
  • Robin9
    Robin9 Posts: 12,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As your brother has not adopted the step-niece anything which you leave your brother/wife should they pre decease you will only go to the two nieces and nothing to the step-niece.  Better perhaps to name the nieces individually by name
    Never pay on an estimated bill. Always read and understand your bill
  • I made a will earlier this year.
    My home is left to my ex-partners' daughter, the phrasing being:
    I give to my ex-partner's daughter <recipients' name redacted> free of all taxes and death duties
    my property known as <address redacted> or if such property does
    not form part of my estate then instead such interest in the property which I owned and last
    used as my principal residence before my death
    - the last part is in case I move house and don't get a new will written.
    I never adopted the child.
    As the posters above have clarified, my estate will pay the IHT and the monies left over will be split as per my wishes.
    I started out with nothing and I still got most of it left. Tom Waits
  • Mangocat11
    Mangocat11 Posts: 6 Forumite
    Fourth Anniversary First Post
    Thanks for the clarifications
  • Keep_pedalling
    Keep_pedalling Posts: 20,822 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    A solicitor will advise you about all the what if situations so the correct clauses get put in your will. Whatever you do do not make a DIY will.

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