New Will

SCWYP

I'm looking at getting a new Will written up.

I have four children and two step children but only wish to leave anything to two of my natural children and the two step children plus my wife.

Should the two children not inheriting anything be named in the Will? A work colleague said she was advised when she made a Will that all children should be mentioned so that there can't be a challenge that they have been accidently omitted. My current Will was done, some time ago, by a STEP qualified solicitor and they are not mentioned and the solicitor writing it up was aware of them.

If it makes any difference all children are adults, none of my natural children are my wife's and none are financially reliant on us.

la531983

Certainly some mention will need to be made somewhere because the total omission of two names out of the six could be construed as an admin error, a mistake, pressure from the other four to leave the two out etc etc.

Cover your own back. Any solicitor worth his or her salt would know the above anyway.

kermchem

Cover yourself. My only sibling and I were faced with a solicitor hired only to sell family home but demanded we prove we did not have other siblings who had been left out of will!

magicmoneyportaloo

Yeah, there needs to be more consideration on how the will is written, and if you need to write a statement explaining why you are writing some of your children out along with your will.

Article that may be helpful: https://hegarty.co.uk/news/leaving-a-child-out-of-a-will-what-you-need-to-know (I'm not recommending the solicitor's on the website).

Greatgimp

Can't you just write in the will that 'Fred' and 'Alice' (the unfavoured ones) will each inherit a tenner, just to be clear?

SCWYP

https://forums.moneysavingexpert.com/discussion/comment/82060123#Comment_82060123

Would it need an explanation as to why? Perhaps in a separate statement?

SCWYP

https://forums.moneysavingexpert.com/discussion/comment/82060104#Comment_82060104

Which would be an impossible thing to prove! Presumably you went elsewhere.

YBR

It helps if the omitted/disadvantaged family members are aware in advance, it's often when it comes as a surprise and a shock that grieving and hurt people challenge a will. You may be estranged, or there are other reasons it's not possible to have a conversation, but do consider it if you can.

Otherwise, yes it is worth having a written explanation in or with the will. As well as the information in the link from a PP, the two children could seek to overturn the will on the grounds of undue influence from your wife or [one or more of] the four inheriting children, or that you didn't have mental capacity. A solicitor will help you with this.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/82060175#Comment_82060175

A separate statement is very useful in these circumstances.

Keep_pedalling

I think both of you should again consult a STEP solicitor as I think an immediate post death interest trust is appropriate for a blended family situation like this.

Mands

https://forums.moneysavingexpert.com/discussion/comment/82060175#Comment_82060175

If your rationale is included in the will then it becomes publicly available after probate is granted.