Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Should I include her in my will?

244 replies

Sillysausage76 · 07/11/2024 11:33

I got with DH over 15 years ago. I have 4 DC and he has 1. When we meet he moved into my house as its bigger. He rented his house out (dsd lived with her bf and child). DSD always made it clear his house was her inheritance and she wouldn't consider sharing it, fair enough. DH house turned into a money pit and so he sold it, not making much, he did put money into the business as have I. My house increased drastically in value. Me and dh have a joint pot so to speak but my house and assets will go to my 4 dc, dsd won't be left as much, she now wants every split equally. This isn't going to happen, my parents are also still alive and as long as no care fees needed I will inherite from them. Is it unfair not to include her in my will? She has never really accepted me but I don't think bad of her, she was spoilt as a child. She won't inherite from her mum or bf parents.

OP posts:
Sillysausage76 · 13/11/2024 08:51

To answer a few questions, my house will always be for my children. DH is leaving his 50% of business to his DD. I will speak to solicitors and decide from their. Although the business is making money, unless dsd took a active roll in it she would never be able to buy her own home. She doesn't want to be part of the business which is her right.
DH doesn't pay for my dc, 3 are now adults. He loves them all, and they love and respect him. The money from the house would buy all 4 of my dc a 1/2 bed property, the business would also buy a 2 bed property but dsd would need 3 bed minimum. Due to dsd finances she would struggle to maintain a property, so if boiler went or need new carpet she wouldn't have the money, especially since she wouldn't get uc help. We've recently brought her a car as hers was unreliable, also paid for her and her family to go away in August, so it's not like we don't treat her.
I

OP posts:
Unicornsanddiscoballs91 · 12/11/2024 18:43

DemocracyR · 11/11/2024 01:01

Ballpark, how much are you both collectively going to pass on?

This too! Like if both dead are worth 100k you'd split it between ALL children.

But. The house is hers 😒 that's the main issue. Why is stepdaughter entitled to some of that?

Unicornsanddiscoballs91 · 12/11/2024 18:39

ZeldaFighter · 11/11/2024 08:29

I'm a bit invested in this thread - my mum died young and left everything to my dad. He has since remarried twice and had more kids. I'm fairly sure he's leaving everything to his third wife, meaning me, my siblings and my step-siblings will get nothing. When I was a child and we moved house and struggled financially in the 80s and 90s, my mum assured us the house would be our inheritance...little did she know...

@Sillysausage76, please can I ask about how this has been approached between you and your DH? has he actually said he doesn't want DSD to inherit? Does he just assume you'll sort it out for her? Did you really have a conversation where you said "I'm leaving my house to my four children" and he said "oh, I'm not going to bother leaving anything to my daughter"?

I get this too.

My dad told me he'd never marry my stepmum because he didn't want us to be left with bare minimum. So I was quite aghast when they told me they were getting married. My mum took her own life, and the mortgage got paid off (wouldn't happen these days!)

In the end, he was mid divorce when he died. We got a decent amount. Not sure how it would have looked alternatively and no divorce.

The money has saved my life, helped big time, life changing if you've no chance of a mortgaged house but, ultimately, my dad. I'd prefer my dad here.

That's my input.

Unicornsanddiscoballs91 · 12/11/2024 18:33

Who she to dictate your will?

If she thinks money will sort her life out she is wrong. Somebody dying isn't about what you inherit, it's about the love you have for the deceased parent.

Disgusting attitude of SD

bluenotebook · 12/11/2024 16:21

I don’t understand why he can’t touch your house, did you sign a pre nup or some sort of legal document when you got married to say this?

what happens when you do family things? Do you cover most of the cost as there are 5 of your family and just one of him, does he just pay for himself? Does he and has he helped with the bringing up of your 4 kids over the past 15 years?

Manthide · 12/11/2024 15:16

I can imagine my parents' faces if I started to ask about my 'inheritance'! My dm hates talking about money and though they are both in their 80s haven't drawn up a Will. My db tried to talk to me about his Will when he was terminally ill - he died earlier this year - but I found it too upsetting so I just told him to leave it to our parents. (He was long term unemployed and on jsa)

ZeldaFighter · 11/11/2024 08:29

I'm a bit invested in this thread - my mum died young and left everything to my dad. He has since remarried twice and had more kids. I'm fairly sure he's leaving everything to his third wife, meaning me, my siblings and my step-siblings will get nothing. When I was a child and we moved house and struggled financially in the 80s and 90s, my mum assured us the house would be our inheritance...little did she know...

@Sillysausage76, please can I ask about how this has been approached between you and your DH? has he actually said he doesn't want DSD to inherit? Does he just assume you'll sort it out for her? Did you really have a conversation where you said "I'm leaving my house to my four children" and he said "oh, I'm not going to bother leaving anything to my daughter"?

AnnoyedAsAllHeck · 11/11/2024 07:02

Sillysausage76 · 08/11/2024 12:22

Their might end up being no money.

But, don't forget that you may have grandchildren from your DC to protect also.

You sound like a wonderful person and will do what's best for everyone.

InterIgnis · 11/11/2024 01:13

Catlord · 11/11/2024 00:56

Well no, you keep going around variants of 'the SD has no legal entitlement to an inheritance' when it wasn't what the OP was asking, or what I for one was saying

And yet here you are, being the other half of the conversation, going around in your own circles 🤷🏻‍♀️

DemocracyR · 11/11/2024 01:01

Ballpark, how much are you both collectively going to pass on?

Catlord · 11/11/2024 00:56

InterIgnis · 11/11/2024 00:37

You mean a discussion developed beyond an OP? On a message board? Crazy stuff.

I believe I initially questioned why the daughter ‘should’ be entitled to her father’s assets when he doesn’t want her to have them. Feel
free to scroll back through if you want to see exactly what points I’ve responded to.

Well no, you keep going around variants of 'the SD has no legal entitlement to an inheritance' when it wasn't what the OP was asking, or what I for one was saying

InterIgnis · 11/11/2024 00:37

Catlord · 10/11/2024 23:43

What point are you actually responding to? This was the OP: 'Is it unfair not to include her in my will?' never 'am I legally obliged to include her...'

You mean a discussion developed beyond an OP? On a message board? Crazy stuff.

I believe I initially questioned why the daughter ‘should’ be entitled to her father’s assets when he doesn’t want her to have them. Feel
free to scroll back through if you want to see exactly what points I’ve responded to.

Catlord · 10/11/2024 23:43

InterIgnis · 10/11/2024 22:06

There is no right to inherit in England. That is a fact. Being able to make a claim does not equal a legal entitlement to a parent’s assets. And no, if a will is written by someone of sound mind, that has made their wishes clear and been sure to follow the letter of the law, it is highly unlikely that anyone contesting that will would be successful.

“So yes, her personal values and feelings surrounding the matter are pretty central.”

…no shit.

What point are you actually responding to? This was the OP: 'Is it unfair not to include her in my will?' never 'am I legally obliged to include her...'

InterIgnis · 10/11/2024 22:06

Catlord · 10/11/2024 18:59

It’s a statement of fact that the daughter isn’t entitled to her father’s assets if he, of sound mind, decides he does not want her to have them

Not talking about this case in particular but that isn't incontrovertible fact at all. There could easily be factors leading to a decision in one party 's favour if a will was contested.

But that isn't what's being asked. It's about the decision making around a OP's own will. That's if the father decided not to write the daughter in for whatever reason and survives the OP. The OP is asking as she doesn't seem to feel entirely comfortable about leaving the SD out. So yes, her personal values and feelings surrounding the matter are pretty central.

There is no right to inherit in England. That is a fact. Being able to make a claim does not equal a legal entitlement to a parent’s assets. And no, if a will is written by someone of sound mind, that has made their wishes clear and been sure to follow the letter of the law, it is highly unlikely that anyone contesting that will would be successful.

“So yes, her personal values and feelings surrounding the matter are pretty central.”

…no shit.

Catlord · 10/11/2024 18:59

InterIgnis · 10/11/2024 17:31

’Resort to swearing’? Lol. I wasn’t aware that ‘no shit’ was reserved for special occasions.

Legal precedent absolutely reflects the bigger picture regarding what is valued in a society. In this case the law allows for the freedom of people to make their own individual ethical and moral judgements within its framework. I’m saying the law is the last word because it is 🤷🏻‍♀️ It’s a statement of fact that the daughter isn’t entitled to her father’s assets if he, of sound mind, decides he does not want her to have them. OP is of course free to include her or not, but there’s no ‘should’ about it - only what OP would prefer.

You are of course to free to think it’s a complex issue, but no one else is required to. Similarly, they aren’t required to pay the slightest bit of attention to the ‘values and ethics’ you would like them to. The stepdaughter can feel however she wants to about it, but if OP and her DH do decide not to include her then that really is the last word.

It’s a statement of fact that the daughter isn’t entitled to her father’s assets if he, of sound mind, decides he does not want her to have them

Not talking about this case in particular but that isn't incontrovertible fact at all. There could easily be factors leading to a decision in one party 's favour if a will was contested.

But that isn't what's being asked. It's about the decision making around a OP's own will. That's if the father decided not to write the daughter in for whatever reason and survives the OP. The OP is asking as she doesn't seem to feel entirely comfortable about leaving the SD out. So yes, her personal values and feelings surrounding the matter are pretty central.

InterIgnis · 10/11/2024 17:31

Catlord · 10/11/2024 15:36

Nothing feigned, just a bit odd to resort to swearing on a thread about someone else's will but you let it out.

The law as in legislation doesn't refer to a legal 'bigger picture' and otherwise. It lays out, well, legislation. So I'm not sure what you mean by that. I happen to think family relationships and doing right by people, even step children, can be quite complex. Legislation, or state law is only one source of law. Decision making in this sort of context should also be informed by values and ethics.

OP isn't bound by any law saying 'you cannot leave anything to your step daughter'. So I'm not sure why you're insistent that the fact she can exclude her from her will is the last word. She is free to, and knows that, but that's not really what she's asking. She's asking whether others think that would be the right thing to do.

’Resort to swearing’? Lol. I wasn’t aware that ‘no shit’ was reserved for special occasions.

Legal precedent absolutely reflects the bigger picture regarding what is valued in a society. In this case the law allows for the freedom of people to make their own individual ethical and moral judgements within its framework. I’m saying the law is the last word because it is 🤷🏻‍♀️ It’s a statement of fact that the daughter isn’t entitled to her father’s assets if he, of sound mind, decides he does not want her to have them. OP is of course free to include her or not, but there’s no ‘should’ about it - only what OP would prefer.

You are of course to free to think it’s a complex issue, but no one else is required to. Similarly, they aren’t required to pay the slightest bit of attention to the ‘values and ethics’ you would like them to. The stepdaughter can feel however she wants to about it, but if OP and her DH do decide not to include her then that really is the last word.

Catlord · 10/11/2024 15:36

InterIgnis · 10/11/2024 14:52

It’s a common idiomatic phrase, no need for feigned confusion as to my use of it.

And again, no shit. And also again, thankfully the law doesn’t reflect your opinion as to what constitutes ‘the bigger picture’.

Nothing feigned, just a bit odd to resort to swearing on a thread about someone else's will but you let it out.

The law as in legislation doesn't refer to a legal 'bigger picture' and otherwise. It lays out, well, legislation. So I'm not sure what you mean by that. I happen to think family relationships and doing right by people, even step children, can be quite complex. Legislation, or state law is only one source of law. Decision making in this sort of context should also be informed by values and ethics.

OP isn't bound by any law saying 'you cannot leave anything to your step daughter'. So I'm not sure why you're insistent that the fact she can exclude her from her will is the last word. She is free to, and knows that, but that's not really what she's asking. She's asking whether others think that would be the right thing to do.

mitogoshigg · 10/11/2024 15:14

To me the obvious answer is she became active in the business, that way she has a future

mitogoshigg · 10/11/2024 15:10

In these circumstances I think she should be included as your dh's assets were ploughed into your joint business. If she is to inherit 50% of the business and it's worth a lot that would make things different but if the business is not the kind the dc can profit from nor sold on then 20% of the house perhaps but not your personal money . It's something that will need to be kept up to date because could change

InterIgnis · 10/11/2024 14:52

Catlord · 10/11/2024 14:30

Not sure why you're swearing but in my view, it is.

It’s a common idiomatic phrase, no need for feigned confusion as to my use of it.

And again, no shit. And also again, thankfully the law doesn’t reflect your opinion as to what constitutes ‘the bigger picture’.

Catlord · 10/11/2024 14:30

InterIgnis · 10/11/2024 13:15

No shit.

Thankfully, it isn’t.

Not sure why you're swearing but in my view, it is.

InterIgnis · 10/11/2024 13:15

Catlord · 10/11/2024 12:59

I'd say that was very much the smaller picture.

No shit.

Thankfully, it isn’t.

Catlord · 10/11/2024 12:59

InterIgnis · 10/11/2024 12:20

Except it can of course be about exactly that.

But sure, if you don’t think the bigger picture and principle is about respecting that independent adults have the right to decide for themselves what they do with their own assets. I do. The daughter is not entitled to lay claim to something that was never hers to begin with, that her father doesn’t want her to have.

I'd say that was very much the smaller picture.

InterIgnis · 10/11/2024 12:20

Catlord · 10/11/2024 12:07

To add, it's not always about what you can get away with going by the letter of the law or policy, it's sometimes about looking at the principle, the bigger picture and the right thing to do. iMO, this would be including the daughter in law in said proportion of any assets. Her pushing verbally to protect those assets before the house was sold, has zero relevance. It's actually quite understandable in the circs

Except it can of course be about exactly that.

But sure, if you don’t think the bigger picture and principle is about respecting that independent adults have the right to decide for themselves what they do with their own assets. I do. The daughter is not entitled to lay claim to something that was never hers to begin with, that her father doesn’t want her to have.

InterIgnis · 10/11/2024 12:15

Catlord · 10/11/2024 12:03

It's completely about subjective opinion, this is a chat forum. Mine is that it is morally right for the OP, if she outlives her husband, to factor his daughter into what he brought to the marriage. If she didn't care about opinions, she wouldn't be asking. I've no idea where 'vampirically draining ' and such suggestions came from.

Not quite, given that the bottom line is the law. Hence why it’s that simple - she isn’t entitled to his assets.

Op is free to pay as much or as little attention to anyone else’s opinion as she wants. That’s up to her. Incidentally, and I’m speaking generally now rather than specifically about OP, being interested in what others may think doesn’t mean you’re obliged to change your own, or that you’re even questioning your own.