Need help with knowing what's fair with regard to DSS and wills...

(38 Posts)
CaptainBinker Fri 04-Oct-13 23:55:05

DH and I are looking to get wills written - we should've done it ages ago but kept forgetting blush

We are thinking of getting mirror wills (i.e. when one of us dies, the other inherits the whole estate) but are struggling with what to do about our children.

DH has a son from a previous relationship and we have a daughter together. DH is planning to split his estate 50:50 between DSS and DD, whereas I'm not sure what to do. I certainly don't want to leave DSS out of my will but I am aware that he also has his mum's side of the family to inherit from whereas DD will inherit solely from DH and I.

I was thinking maybe an 80:20 split of my estate between DD and DSS? So overall that'd mean that DD got 65% of our combined estate and DSS would get 35%.

However DH is a little hesitant about this because he's always tried to treat DSS and DD equally and he's worried that because we both work, have savings and own property, that DD will be much better off than DSS whose mum and stepdad are not in work and therefore unable to save etc so DSS won't inherit much from them.

My argument to DH is that if one of us ends up needing care then that could wipe out all of our inheritance anyway so how much it's looking likely to be may be irrelevant, and that although I don't want to leave DSS out of my will, I just don't feel like it's fair on DD if her mum's estate is shared but his mum's isn't...?

Not sure if all that makes sense and I hate even thinking about things like this. I realise that it's my estate and I can do what I want with it but it's so hard to find an agreement that we both think is fair...opinions please!

needaholidaynow Sat 05-Oct-13 14:15:50

Where's the balance?

HarlotOTara Sat 05-Oct-13 16:59:22

I have a step-son, and two daughters, one with my dh and one who is his step-daughter. My dh and I are leaving everything to be divided between the three of them. They are all part of our family and we feel should be treated equally by both of us. I think anything else would be very hurtful.

Heymacarena Sat 05-Oct-13 20:36:59

It's a tricky thing to work out - and of course, all families operate differently.

Me and DH haven't yet made our wills. blush

We should though. He has 2 DSs and I have 1 DS.

We did make a start on making a will, and had a little bit of advice re this.

Basically if I die first, then DH gets the house paid off. DS gets my cash.
If DH goes first, then I get the house paid off. His DSs get his cash.

Haven't worked it out properly really yet, but must do soon.

I don't plan to leave money to the stepsons, nor does DH plan to leave any to my son. Seems fair to me.

CaptainBinker Sat 05-Oct-13 21:13:57

Wow, lots of differing opinions, all of which I can agree with in some way or another. It's such a minefield.

On one hand I can see the argument of DD receiving some of my estate and my DH's too, but DSS receiving some of mine, some of DH's, all of his mum's and his stepdad's too as they have no other children.

Plus what DH and I have is all they will get in the future... No inheritance coming from mine or DH's parents to pass down whereas I think DSS' mum will be sole beneficiary of quite a big estate at some point.

Plus like others said, a few years of care could wipe it all out!

Aargh it's so hard!

hermioneweasley Sat 05-Oct-13 21:19:54

If DSS is due to inherit from his mum and step dad, I definitely wouldn't leave a %age of your estate. As I said before perhaps some meaningful items or a small lump sum of cash. He has a mother and your responsibility is to your DC.

Liara Sat 05-Oct-13 21:28:05

In case this is useful, I'll tell you my situation.

My mother has several dc, from two different men. My father has died, my sf has not. He is wealthy.

My siblings stand to inherit from him, I did not inherit from my father.

My mother has set up her will so that all her dc will inherit equally. It means that the dc who are the children of my sf will inherit much more than me, as they will inherit from their father too. However, a very small asset that used to be my father's will be left to me and her other dc with him, and not be split between all, as if we had inherited it directly from him.

This seems totally fair to me. It is the luck of the draw that my father was skint and my sf rich. It is not for my mother to try and balance things out in some hypothetical future.

And the emotional impact of being treated worse than someone else a parent's will outweighs all other considerations. I have seen families where people felt they have been mistreated in a will and the fallout is not pretty. It is often not about money, but about feeling that you are (and always have been) 'second best'.

Frankly I'd much rather have my father around than any money. I would in fact happily support him if he was alive, and I hope my mother gets to live long enough that she uses all her savings and we end up supporting her too.

Sadly, that choice is not often given to us.

Grennie Sat 05-Oct-13 21:37:04

I agree 100% that it is about emotions, not money. Most of the fall outs I have witnessed around wills, are at bottom about this. For example, my uncle when he died left much more to 1 daughter tahn the other three. His reasoning was that 2 of his daughters were settled and financially stable. The third daughter and her children struggled in poverty.

Although it made sense financially, the other 2 daughters took it as "proof" that their father loved 1 of them more than the other 2. It caused major hurt that I am sure he would not have wanted to cause.

I thought that if the estate all passes to the surviving spouse, the estate will then be disposed according to the surviving spouse's estate. Therefore if say your estate was worth £100000 then under your current plan if you die first, when your dh dies the £100000 will be split £50000 each. If your dh dies first, when you then die then your will is enacted and your dd gets £80000 and dss recieves £20000. If you are wanting to safeguard your/his portion then you will need to leave your halves directly to the children but maybe giving the spouse a lifetime interest in the property so that you can continue to live there.

Xalla Sun 06-Oct-13 07:48:27

I take a very clinical attitude towards this too.

My estate will be divided between my 3 biological children.

My DH's estate will be divided between his 4 biological children.

I currently pay equal amounts into my DSD's savings account each week as I do my own children and I will continue to do so until she leaves full-time education. That's as far as I'm going with regards to financially providing for DSD outside assisting my DH in providing for her immediate needs when she's with us.

What I have is for my DC. 100% of it, my hard work is for them. At the moment DH has an amount ring-fenced for his DD to pay out maintenance with her getting the remainder at 18. This was a good solution for us as our DC are younger and their need is greater. He can change this as they all grow older and circumstances change however he is a lazy git and probably won't

PatoBanton Mon 07-Oct-13 10:12:11

This is interesting and complicated.

Ds's father stands to inherit at some point but he has remarried and I very much doubt that ds would be entitled to any of it if his father died.

I imagine it would all go to his wife and thence to her own children (who are not his).

That makes me quite sad to think of it especially as she is so unkind to ds anyway and his dad gives him the bare minimum of time as well as financial support (£10 a week - based on a completely false earnings statement 5 years ago).

But it's only money.

SignoraStronza Mon 07-Oct-13 11:13:58

DH had been in dd1's life since she was two. We have mirror wills splitting everything equally between the two dcs. It is all about what we feel is the right thing to do and we've never thought to dwell on what dc1 may or may not get from her father.

racmun Wed 09-Oct-13 07:20:17

I did a post about this a month or do ago as dh and I fell out over it. I'm the step mum!

We've done ours now. Ds gets 75% and ss 25%.

The rationale being our ds get all of my 50% and half his dads and ss gets just half of his dads 50%.
I felt very strongly that any Inheritance received should be a reflection of each child's parental financial state, and tbh ss mother won't be leaving anything to my ds in her will.

I can see your step child's mother doesn't work etc but tbh I don't really see why you should be worrying about making up the difference for her at your daighter's expense.

I may sound a bit harsh but we've done a side letter explaining the rationale and left each of then some sentimental items.

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