Change to will to remove siblings of 2nd Husband

YoungBlueEyes

It is sometimes the case that there is legally right, and then there is morally right.

'Nuff said.

theoretica

Has it been confirmed that Scottish law is not relevant?

silvercar

I thought POA meant you were meant to act in the best interests of the person concerned, not planning your future inheritance. I don’t understand how altering a will benefits the person still alive.

macman

msb1234 said:

There’s something particularly distasteful about second wives passing on their deceased husband’s money to their own children and cutting out his own children. Of course, it may well be that he only left her a fiver and all the money is hers - in which case fair enough. I’d be interested to see if this is the case here.

But it's not her 'deceased husband's money'. It became her money at the time of his death and she is entitled to bequeath it as she wishes, subject to her being of sound mind. 
Unfair? Quite possibly. Unethical? Maybe. Legal? Certainly.

msb1234

macman said:

msb1234 said:

There’s something particularly distasteful about second wives passing on their deceased husband’s money to their own children and cutting out his own children. Of course, it may well be that he only left her a fiver and all the money is hers - in which case fair enough. I’d be interested to see if this is the case here.

But it's not her 'deceased husband's money'. It became her money at the time of his death and she is entitled to bequeath it as she wishes, subject to her being of sound mind. 
Unfair? Quite possibly. Unethical? Maybe. Legal? Certainly.

At no point did I saw it wasn’t illegal. 

macman

msb1234 said:

macman said:

msb1234 said:

There’s something particularly distasteful about second wives passing on their deceased husband’s money to their own children and cutting out his own children. Of course, it may well be that he only left her a fiver and all the money is hers - in which case fair enough. I’d be interested to see if this is the case here.

But it's not her 'deceased husband's money'. It became her money at the time of his death and she is entitled to bequeath it as she wishes, subject to her being of sound mind. 
Unfair? Quite possibly. Unethical? Maybe. Legal? Certainly.

At no point did I saw it wasn’t illegal. 

And at no point did I suggest that you did. 

elsien

silvercar said:

I thought POA meant you were meant to act in the best interests of the person concerned, not planning your future inheritance. I don’t understand how altering a will benefits the person still alive.

As has already been said, although the OP mentions power-of-attorney, it doesn’t seem to be particularly relevant in this case because mother-in-law still has her faculties. If she didn’t, the will would stand as it is, because a power-of-attorney cannot make a will on someone’s behalf.

HRH_MUngo

This happened to a friend of mine. 

Their mother died, their father remarried.  He always said that his two daughters would 'get the house after he and his second wife had died'.  They presumed it had been put into some sort of trust for them.

But no.  He died intestate, the house went to his second wife and she made a will leaving everything to her own children (Even though the house and most of the money had come from her husband and his first wife and she knew that her husband's wish was for his daughters to inherit the house).

Don't rely on someone's good will.  Make your own will.

As for the OP what her mother wants to do is not illegal, as shown from my example.

sevenhills

elsien said:

silvercar said:

I thought POA meant you were meant to act in the best interests of the person concerned, not planning your future inheritance. I don’t understand how altering a will benefits the person still alive.

As has already been said, although the OP mentions power-of-attorney, it doesn’t seem to be particularly relevant in this case because mother-in-law still has her faculties. If she didn’t, the will would stand as it is, because a power-of-attorney cannot make a will on someone’s behalf.

The OP is seeking advice in order to act on behalf of her mother, so the mother is obviously not capable.

billy2shots

This strikes close to home. 

My grandparents (mums parents) got divorced. 
They actually ended up swapping marriages with a different couple believe it or not. 

That different couple had two children. Let's call them child A and B. 

My grandparents had worked hard, Naval career, decent level and long service and nurse and small business owner. 
It was no secret that my grandparents money bought the houses they would go on to buy with their new partners who didn't have the same opportunities in life / work ethic. 

Fast forward 30 years. My nan dies and everything passed on to her husband. 

Then my grandad dies and everything went to his wife. 

Another 10 years later and those people died (within 2 years of each other)

The result

Child A and B got everything from both sides. 2 houses and savings. 
My mum and sibling inherited nothing. 

Thankfully my parents have done very well for themselves so any money would have been a bonus and was not needed (inheritance should never be factored in, it is of course other peoples money not yours). 

It did leave a bitter taste in the mouth when it all worked it's way out.