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inheritence left to a step parent until their death

(11 Posts)
oatcake Thu 10-Feb-05 18:02:02

This seems a very dry, unemotional email, but remaining this way helps my eyes to stay dry...

Anyway, mum died in july, leaving everything to my dear, much loved stepdad, until his death whereupon everything would be split 5 ways between the children they have between them (I have one brother and 3 stepsiblings).

DSD is only 60 I do not want to think of him spending probably another 20 years on his own so I'm glad that he has a date with his ex-secretary this weekend (quick, yes, but you take chances where you can - you don't know if they'll pop up again...).

However, this has made me consider what will become of my inheritence if he does remarry. I am not a vulture and feel very uncomfortable thinking about this but I know, having ds now, that I want him to receive an inheritence from me, just like my mum would want for brother and me.

My plan is just to wait until, hopefully, things get serious, when I will broach the subject.

Has anyone else also gone through this? I know that there's no legal requirement on DSD to give us our portion of the inheritence until his death.

This was, incidentally, one of the first things my tactless father brought up the day that I watched my mum die... It wouldn't suprise me if he'd already changed his will to ensure brother and I get our inheritence as stepmum is 10 years younger than him and has plenty of time to remarry...

nnosam Thu 10-Feb-05 18:05:56

can understand what and why you are worried, i also have a dsd and would worry the same if that was to come up.
could you not bring it up nicely or wait untill things got a bit more serious.
or you could see how your siblings feel.

good luck on how you sort it out.

oatcake Thu 10-Feb-05 18:08:48

brother's a waste of space

I would like to wait until things get more serious.

I would suggest to anyone reading this whose parent/stepparent have a mirror will, that you ask them to include some sort of clause in the case of remarrying... you never know what's around the corner.

mum went into hospital for something as simple as a hernia op and died of a dvt...

Slinky Thu 10-Feb-05 18:14:08

No advice Oatcake - but I think you're right - there should a clause added for remarrying.

Not sure exactly how my dad and Stepmum have theirs worded - all I know is that myself and Stepsister are both Executors on my dads and Stepmums Wills.

My mum, on the other hand, has left nothing to her partner and has written that everything she owns is to be split between myself and brother.

Freckle Thu 10-Feb-05 18:22:14

It rather depends on how the will is worded. Your DSD may only have been left a life interest in your mum's estate. This means that he has use of it during his lifetime, but does not "own" it outright. There are usually some restrictions on disposing of any assets during his lifetime. Regardless of how he words his own will, he can only leave what he owns and as, presumably, he won't own your mum's estate, he will not be able to leave it to his new wife.

You really need to see how your mum's will is worded. See if you can get Hulababy's attention as her dh is a wills and probate solicitor.

oatcake Thu 10-Feb-05 18:34:14

HULABABY! Hello???

As my mum's executor, I've read the will... well, the bit which says that everything's left to dsd until his death because the rest of it was rather dull. However, at the end of the day, surely it's left to him, and therefore to do with whatever he wants?

katzguk Thu 10-Feb-05 18:38:25

might eb worth starting a thread asking directly for her hubby's advice

oatcake Thu 10-Feb-05 18:41:25

I'd feel cheeky doing that... do you think she'd mind?

Clayhead Thu 10-Feb-05 18:58:14

but if it's only a life interest then it isn't left to him in the same way is it?

My auntie has the right to occupy her late husband's house until she dies but cannot leave it to anyone, regardless of whether she remarries, it goes to his kids when she dies.

oatcake Thu 10-Feb-05 19:09:22

true. might try to 'summon' hulababy up tomorrow if she hasn't read this thread by then...

vkr Thu 10-Feb-05 19:27:05

Clayhead and Freckle are right - it depends on the wording of the will - if dsd has been left a life interest then it is up to the trustees - who may or may not be the same as the executors - to ensure that your mother's estate is "preserved" within the framework of the Will provisions - & for there to be "the inheritance" for the 5 kids after dsd's death - nothing can stop dsd leaving his estate to anyone he chooses (mutual/mirror wills aghhhhh!), but he cannot choose how to dispose of your mother's money / share of the house etc on his death.
If there is a life interest trust set up under the will - it may be best for the executors to seek legal advice
If no life interest trust exists, then it is up to your dsd to decide what to do with the whole of his estate on his death. - Given that there is no rush (I hope) I would wait for him to raise the subject - I would expect him to do so in the not too distant future. If however he remarries then his current Will will be revoked.

Given the recent JFlounce issues, I have debated whether to post this - but MN has been so useful to me when I have had a query, I thought I should post. I wa a private client solicitor for a few years before graduating to my new life as a sahm

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