Wills - stepdad and inheritance

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
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gemwgemw Forumite
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edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
Hi all

Getting straight to the point, my Mum has terminal cancer. She married her husband (so effectively my Stepdad) about 9 years ago.

I get on well with my Mum, however neither myself or my Gran (my Mum's Mum) get on particularly great with my Mum's husband. We tolerate each other, for the sake of my Mum.

My Nan already has a Will created by a Solicitor, in which myself and my Mum are executors and all assets are to be split 50/50.

With my Mum having terminal cancer, and thus her husband will effectively be her widow my Nan has asked me to check that upon my Mum no longer being with us, and then my Nan no longer being with us - would he be able to claim my Mum's share of her estate upon my Nan's death?

Thus it would be 50 to me/50 to stepdad

Effectively, my Nan doesn't want him to get anything and is looking at getting a new Will drafted to have me as the sole beneficiary. However, that will be costly and to be honest i'm not sure as a Widow he would be entitled to claim my Mum's share?


Is this something someone could offer advice on please?
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  • MojisolaMojisola Forumite
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    gemw wrote: »
    Getting straight to the point, my Mum has terminal cancer. She married her husband (so effectively my Stepdad) about 9 years ago.

    My Nan already has a Will created by a Solicitor, in which myself and my Mum are executors and all assets are to be split 50/50.

    With my Mum having terminal cancer, and thus her husband will effectively be her widow my Nan has asked me to check that upon my Mum no longer being with us, and then my Nan no longer being with us - would he be able to claim my Mum's share of her estate upon my Nan's death?

    If your mother dies before your Nan, your mother's share will go to you, her child (or children, if you have siblings) unless the will specifies something different.

    That would make you the sole executor and the sole beneficiary - all very straightforward.

    The widow/widower of a deceased beneficiary has no claim on the inheritance.

    If your Nan died first, your mother's share of Nan's estate would go to her and could then pass to your Step-father, depending on what your mother's will says.
  • Keep_pedallingKeep_pedalling Forumite
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    You Nan should get a new will drawn up. Although unlikely you could get run over by a bus tomorrow and your Nan have a heat attack on hearing the news. Stranger things have happened.

    Unless she has no property and her estate is small the cost of making a will is peanuts, compared with the cost of getting it wrong. The will needs to cover the possibility that your Nan outlives both you and your mum, so if that is not covered in her existing will that also needs sorting as does appointing a backup executor to cover the possibility of you being incapacitated in some way.

    Is your mother also making sure her will is in order?
  • gemwgemw Forumite
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    Thanks to you both.

    My mother doesn’t currently have a Will but she is wanting to get one drawn up. I’ve ordered her a simple will kit from online she’s going to have a look at. Otherwise, I’ve seen she can get a simple will free of charge through cancer research UK.

    My mother doesn’t have a lot of assets. She rents with her husband. It’ll be to cover personal possessions and money. As to what she wants to leave to who, I don’t know. I haven’t had that conversation with her, because her husband has always been around.

    My Nan however, owns her own home mortgage free and has a substantial amount of monies in the bank. She’s also requested I look into being made power of attorney for her also. She’s adamant the step father and his children don’t get a penny.

    I don’t have any siblings or uncles/aunts.
    Both me and my mother were only children.
  • Yorkshireman99Yorkshireman99 Forumite
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    gemw wrote: »
    Thanks to you both.

    My mother doesn’t currently have a Will but she is wanting to get one drawn up. I’ve ordered her a simple will kit from online she’s going to have a look at. Otherwise, I’ve seen she can get a simple will free of charge through cancer research UK.

    My mother doesn’t have a lot of assets. She rents with her husband. It’ll be to cover personal possessions and money. As to what she wants to leave to who, I don’t know. I haven’t had that conversation with her, because her husband has always been around.

    My Nan however, owns her own home mortgage free and has a substantial amount of monies in the bank. She’s also requested I look into being made power of attorney for her also. She’s adamant the step father and his children don’t get a penny.

    I don’t have any siblings or uncles/aunts.
    Both me and my mother were only children.
    Under no circumstances use a will kit or will writer. Get the job done properly by a solicitor.
  • FlugelhornFlugelhorn Forumite
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    Sounds like Nan needs to do a will to ensure that it follows her wishes and can't be challenged - really need a solicitor for that. You can do the POA online with her - good idea to get on with that

    If your mother has little it may be that she is happy for it to go to her husband, many people are in this situation. I think sometimes the palliative care team will discuss financials (along with lots of other things re wishes over place of death / funeral wishes / religious matters etc) - suggesting that people may want to do a will etc
  • gemwgemw Forumite
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    Why shouldn’t a will kit be used for my mum? She doesn’t have much so it won’t be complicated. Would it be invalid?

    As for my Nan and a possible re-write of her Will, I agree due to her assets going through a Solicitor to double check everything would be wise. However, maybe she doesn’t need a completely new will but a codicil?
    I’m not an expert on these matters but my Nan told me when she and my grandad (passed away two years ago) got their Will’s created it cost them about £2k

    She’s not wanting to spend that much again!

    As for my mum, if she wants to leave what she has to her husband that is her choice and not something I would complain against.

    What my Nan wants to ensure is all her assets go to me and not the stepdad or family once my mum is no longer with us.
  • FlugelhornFlugelhorn Forumite
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    2K sounds rather a lot! A will alone shouldn't be anything like that.

    re the DIY kit - would be valid if done properly - just the risk of of it not being done properly and creating more problems - having said that, your mum may be perfectly happy for intestacy rules to come into action
  • MojisolaMojisola Forumite
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    gemw wrote: »
    I’m not an expert on these matters but my Nan told me when she and my grandad (passed away two years ago) got their Will’s created it cost them about £2k

    Unless there was an enormous amount of work required about normal, they were ripped off!

    If you can get a recommendation, try that solicitor. If not, phone around and ask the cost of a simple will.

    As you are the one who will benefit from the will, could you offer to pay for it?
  • edited 27 March 2019 at 3:01PM
    MojisolaMojisola Forumite
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    edited 27 March 2019 at 3:01PM
    gemw wrote: »
    My mother doesn’t have a lot of assets. She rents with her husband. It’ll be to cover personal possessions and money. As to what she wants to leave to who, I don’t know.

    If she has any personal items that she wants to leave to you, she could gift them to you now. They wouldn't form part of her estate then.
  • Keep_pedallingKeep_pedalling Forumite
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    You say your Nan has significant savings, so there is no way she should be avoiding using a solisitor, and it will cost no where near £2000.

    You should also get a will in place.

    As for your mum, if there are specific things she wants people to have and her husband everything else then she could gift them now, and not bother with a will.

    Lasting powers of attorney are also a good idea and you and your Nan can do those without the need to involve a solisitor.
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