Unfair will

Belly73

Hi. I'm married with a daughter who's 10 with my husband, and I have a 21 year old step son from my his first marriage.

We have a will leaving everything to each other and then spilting 50/50 between both children,  but as the years have gone on and me having serious health scares, I don't think it's fair! My stepson has three parents and my daughter two, so he will be financially better off in the long run. I want to change my will so that my daughter gets my half when I die.

Any suggestions 🤔 please 

Emmia

I'd go to a solicitor and discuss your options, and potentially make a new will, replacing your current will

How is your house/property currently held/owned (assuming you're not renting) you could leave your half of that to your daughter but with the right of your husband to live there.

Something to consider, if you die, your daughter may not yet be an adult and the fall out from your death will land on your husband who will become her sole carer. Leaving him everything recognises this - how would you feel if he died, and your stepson suddenly owned half of your home... Because that's what the effect would be.

On the other hand with no new will your husband might remarry after your death, leave everything to his new wife, die first and then the new wife gets the lot.. 


I'm probably wrong, but from your post I sense that this isn't a very happy marriage.

HampshireH

Belly73 said:

Hi. I'm married with a daughter who's 10 with my husband, and I have a 21 year old step son from my his first marriage.

We have a will leaving everything to each other and then spilting 50/50 between both children,  but as the years have gone on and me having serious health scares, I don't think it's fair! My stepson has three parents and my daughter two, so he will be financially better off in the long run. I want to change my will so that my daughter gets my half when I die.

Any suggestions 🤔 please 

What does your husband think?

It's not your step sons fault he has 3 parents or that your daughter doesn't. 

Also there could never be an inheritance from his mother and step father. They may be required to spend any money they may have had on care fees leaving nothing behind. 

Your husband may have a different view. Presumably you discuss this before making the joint will originally? What was his view on it that that time?

GrumpyDil

Talk to your husband is probably the starting point. You can write want you want in a will but it's fairest to discuss and agree up front.

comeandgo

Your stepson may not get anything from his other parents.  My stepsons have their inheritance disappearing as their mother is in a home paying her own costs.  

Marcon

Belly73 said:

Hi. I'm married with a daughter who's 10 with my husband, and I have a 21 year old step son from my his first marriage.

We have a will leaving everything to each other and then spilting 50/50 between both children,  but as the years have gone on and me having serious health scares, I don't think it's fair! My stepson has three parents and my daughter two, so he will be financially better off in the long run. I want to change my will so that my daughter gets my half when I die.

Any suggestions 🤔 please 

Yes; talk to your husband and agree a way forward. Complaining here isn't going to solve anything and will probably only serve to foster your sense of grievance while the situation continues.

What happens when one of you dies and the other subsequently rewrites their will....?

SVaz

To protect your Daughter,  it’s usual to sever a joint tenancy in favour of Tenants in common and then leave your Husband a life interest with your half going to your Daughter after he dies.  

If you jointly own your home,  that overrides any Will and it would simply pass to your Husband.
You could take out life insurance and have it written in trust for her benefit too. 

pjs493

I think speak to your husband and get some professional legal advice. It’s hard to know what your personal circumstances are as every family is different. My parents are divorced and my mum remarried but I don’t expect to receive anything from my mum and step dad in their Wills. I have two half siblings and I expect everything to go to them in the end and my full sibling feels the same way. My full sibling and I will likely receive an inheritance from my father who has been divorced twice now. Unless he’s left it all to some charity.

thegreenone

I would agree with @SVaz with a Life Insurance Policy to pay out to your daughter only.  Then let the rest of the Will stand.

Emmia

thegreenone said:

I would agree with @SVaz with a Life Insurance Policy to pay out to your daughter only.  Then let the rest of the Will stand.

As the OP has health issues and expects to pre decease her husband, she may not be able to get a suitable policy (with few exclusions) at a reasonable price to provide for her daughter.

theoretica

Raising a child on a single income and as a single parent is hard, so it is possible that the greatest benefit to your daughter would be having money available to be spent as she grows up, rather than herself inheriting it.  Check the small print on your pensions - can you nominate a beneficiary if you die before pension age?  That might have a similar effect to the life insurance suggestion above.