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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:
InterIgnis · 07/11/2024 18:53

ChateauMargaux · 07/11/2024 18:33

Freedom of speech.. she can tell her father how she feels... why would she not? She may not have worded it very well... laying claim to OPs house... but I stand by my position.. any potential inheritance she had as been put into the business and has been consumed while the inheritance of the ops children has been protected.. if her Dad has not protected her inheritance, why not try to communicate to the op that it feels inequitable.

Lol. Freedom of speech does not mean the right to a say.

Why not try and communicate that to OP? Because it’s not OP’s problem.

ChateauMargaux · 07/11/2024 18:33

InterIgnis · 07/11/2024 17:12

She isn’t entitled to change the outcome, or to have a say at all. Her dad’s assets aren’t, and never have been, hers. She’s not entitled to an inheritance.

Freedom of speech.. she can tell her father how she feels... why would she not? She may not have worded it very well... laying claim to OPs house... but I stand by my position.. any potential inheritance she had as been put into the business and has been consumed while the inheritance of the ops children has been protected.. if her Dad has not protected her inheritance, why not try to communicate to the op that it feels inequitable.

Stravaig · 07/11/2024 18:29

I think people are struggling with the whole "I'VE decided" - where is DH in this?

In any scenario, her father's original investment in the business, plus interest, should be ring-fenced for DSD, taken off the top.

Whatever's left after that is a 50/50 split between you and DH. His to his daughter, IF that's what HE wishes. Yours between all 5, or just to your own 4, or solely to DSD, however YOU wish.

You're not doing DSD a favour. Her intended inheritance has funded your business, which has benefited you and your children for many years. Any work DSD does for the business is hopefully recompensed by a regular wage.

SprigatitoYouAndIKnow · 07/11/2024 18:26

I am so surprised about the grabby comments. Surely it is normal for parents to pass down their money to their decendants? I expect to inherit, with my siblings, if there is money left over after care needs from my parents. I want my assets to go down to my children.

I am judging your husband for not considering her. You made sure to ring fence your pre-marriage assets for your kids. He sold his and instead of investing, or leaving in a bank, put it into a business that has no value to sell on. She should get the value of half of the business and any personal money or assets he has. This just sounds like yet another man that prioritises the family of his next wife over his biological children.

I am really glad that you have decided to try and build a better relationship with her, so wish you well.

Sillysausage76 · 07/11/2024 18:12

As previously stated, I've decided she will inherite 100% of the business, that way she'll have a income. I will also make sure she has the right advice when the time is right for the business

OP posts:
Skate76 · 07/11/2024 18:08

Sillysausage76 · 07/11/2024 12:44

DH can't touch my house. The business is 50/50 but when one of us dies the other gets it. So I need to decide if she'd get 50% or 20%. If she would use it for a house or something I'd help her more, but she works 15 hours and her bf works 25 hours.
I will discuss it all with solicitors and DH and then not mention it.

This is you changing the goalposts. If your kids get 100% of your assets your DHs daughter should get 100% of his and that's 50% of the business.

EdgarAllenRaven · 07/11/2024 17:53

InterIgnis · 07/11/2024 17:31

Unless OP and her DH are in a country where he cannot disinherit her, and they don’t appear to be, he absolutely can decide not to include her in his will.

Inheritance is conditional upon whether someone is able and willing to leave you one.

HE can decide. Not her Step-mother.

MissHalloween · 07/11/2024 17:42

I think it’s down to the DH to leave money for his DD in his will.

InterIgnis · 07/11/2024 17:31

EdgarAllenRaven · 07/11/2024 17:24

Because inheritance is not conditional on how many hours you work?! Inheritance is inheritance.

Also, nobody here has any idea of her circumstances- at what age did she have children, how old they are, do they have special needs, her personal relationship with her Mother or Father… we know nothing! So you cannot just write her out of the will.

Unless OP and her DH are in a country where he cannot disinherit her, and they don’t appear to be, he absolutely can decide not to include her in his will.

Inheritance is conditional upon whether someone is able and willing to leave you one.

EdgarAllenRaven · 07/11/2024 17:24

Rosscameasdoody · 07/11/2024 17:05

Possibly because it seems she doesn’t want to work - she works fifteen hours a week and BF works 25. OP has said she can work in the business but doesn’t want to. Why should she benefit when she’s had no input ?

Because inheritance is not conditional on how many hours you work?! Inheritance is inheritance.

Also, nobody here has any idea of her circumstances- at what age did she have children, how old they are, do they have special needs, her personal relationship with her Mother or Father… we know nothing! So you cannot just write her out of the will.

passiveaggressivenonsense · 07/11/2024 17:16

So your DH sold his house that she would have inherited and invested all the money in your joint business. It would be fair if when DH passes the money he invested plus interest goes to his daughter. It's unfair to totally cut her out.

InterIgnis · 07/11/2024 17:12

ChateauMargaux · 07/11/2024 17:10

I also think the 'your not dead yet .. the grabby cow!' responses miss the mark. If she does not make her voice heard while you are in a position to take her views into account, she will be left without grounds or resources to change the outcome.

She isn’t entitled to change the outcome, or to have a say at all. Her dad’s assets aren’t, and never have been, hers. She’s not entitled to an inheritance.

InterIgnis · 07/11/2024 17:11

sandyhappypeople · 07/11/2024 16:53

I wouldn't sell mine to raise money for a business, it doesn't make financial sense to be honest, I'd raise it separately, if you keep that property rented you will have a huge asset worth a lot of money at the end of it, if you sell it now, you may make a little bit of money, a fraction of what you would get for it long term, but it will soon be absorbed into a business, which is what has happened, a massive opportunity for your children's future wasted IMO.

OP hasn't sold her house for this very reason, because that is her children's future and not to be touched, they could have both sold their houses, pooled the money together to buy a new house together and use the leftover proceeds to start a business, OP hasn't done that because she wants to ringfence her own asset for her children (completely understandable), but that means DH has liquidated his house to finance a business which may not be worth anything (totally depends what it is of course) and I would have thought OP would be a bit more understanding as to why her step daughter feels like she's been disregarded in all that decision making and that's because she completely has., everything has been done with OPs children in mind and nothing has been done with DHs child in mind.. but who's fault is that? His of course, he's let her down badly.

He chose to sell 🤷🏻‍♀️

That he hasn’t done what OP did is on him. He didn’t and doesn’t have to, it’s his own money to decide what he wants to do with. Him choosing not to ring fence his assets like OP isn’t OP’s problem, and the stepdaughter isn’t owed compensation from her.

ChateauMargaux · 07/11/2024 17:10

I also think the 'your not dead yet .. the grabby cow!' responses miss the mark. If she does not make her voice heard while you are in a position to take her views into account, she will be left without grounds or resources to change the outcome.

Stravaig · 07/11/2024 17:09

This sounds like her father's decision to make, not yours, and definitely not yours alone.

He used the inheritance he intended for his daughter (proceed of his house sale) and invested it in your joint business. What discussions were had at the time about ring-fencing her intended inheritance?

On the face of it, at least that invested amount, plus interest, should be set aside from the sale of the business, solely for his daughter, before the remainder of the business is divided equally between all 5 children.

Unless his intentions have changed? In which case he, aided by you, are intentionally cutting her out of a large portion of the will.

If the sexes were reversed, there would be red flags raised about a male partner who diverted his new woman's assets from her child's inheritance to instead benefit him and his 4 children.

Rosscameasdoody · 07/11/2024 17:05

EdgarAllenRaven · 07/11/2024 12:52

Am I the only one that feels sorry for her…? She was due to inherit her Dad’s house, she gets nothing from her own Mum and now nothing…. Just because she was a young Mum it seems?
I would definitely put in a provision equivalent to the value of her Dad’s house when it was sold. Why would that not be fair?

Possibly because it seems she doesn’t want to work - she works fifteen hours a week and BF works 25. OP has said she can work in the business but doesn’t want to. Why should she benefit when she’s had no input ?

HappyTwo · 07/11/2024 17:02

If you die first and the whole business goes to your hubby then she in theory would later inherit the whole business?

Mickey79 · 07/11/2024 16:54

DysonSphere · 07/11/2024 16:20

I think her dad has been remiss and not looked out sufficiently for his own child. It's often the case that when a man remarries, he seems to forget his children, whilst the new wife looks out for hers.

That said you don't owe her anything. It's her father's job to have sorted something for her or request she have 50% (or whatever percentage he initially put with perhaps some interest) of the business. It's quite disgraceful that he didn't do this immediately.

I agree with this! He sold his house and has lived for years in the ops, knowing it is ring fenced. He then put the money he did have into a joint business venture. He’s very foolish. Not only has he left himself pretty vulnerable in the case of a divorce, he hasn’t considered his dc.

sandyhappypeople · 07/11/2024 16:53

Stormyweatheroutthere · 07/11/2024 14:27

So has a poster really implied nobody should better themselves /their business by selling their own property incase it would swindle a dc out of money? Bonkers. Only on mn....

I wouldn't sell mine to raise money for a business, it doesn't make financial sense to be honest, I'd raise it separately, if you keep that property rented you will have a huge asset worth a lot of money at the end of it, if you sell it now, you may make a little bit of money, a fraction of what you would get for it long term, but it will soon be absorbed into a business, which is what has happened, a massive opportunity for your children's future wasted IMO.

OP hasn't sold her house for this very reason, because that is her children's future and not to be touched, they could have both sold their houses, pooled the money together to buy a new house together and use the leftover proceeds to start a business, OP hasn't done that because she wants to ringfence her own asset for her children (completely understandable), but that means DH has liquidated his house to finance a business which may not be worth anything (totally depends what it is of course) and I would have thought OP would be a bit more understanding as to why her step daughter feels like she's been disregarded in all that decision making and that's because she completely has., everything has been done with OPs children in mind and nothing has been done with DHs child in mind.. but who's fault is that? His of course, he's let her down badly.

Sillysausage76 · 07/11/2024 16:48

sandyhappypeople · 07/11/2024 16:15

I do hope you mean all this.

Putting her attitude aside for the moment, from your original posts I immediately felt like she was being short changed, but only because your DH has not future proofed his assets, and has instead liquidated them to put into a business with you that she would never own half of, he has basically taken it off her and given to you to then pass on to your children and cut her out completely.

I am in the same situation as him, moved in with DH and even down to putting money to start a business but I would never in a million years sell off an asset like that, I raised the finance a different way to ensure it remained for our daughters future as a long term investment, you've managed to keep your house and still put into the business so not sure why he couldn't do that to be honest, I could be wrong but I would hazard a guess that he is paying half the bills etc at your house, while taking on the full financial burden of his own? If that's the case then you are part of the reason he has been forced to sell up, from the outside it sounds a bit like "what's mine is mine and what's yours is mine now too.. and your daughter can do one because she doesn't work hard enough"

Her attitude towards it seems to stink, but if it is a long line of him choosing to prioritise you and your children (not just financially) while disregarding her and her children I can understand why some resentment may have built up.

A bit of understanding and tolerance all round would probably not go amiss.

He doesn't pay half the bills no, but does contribute. We also buy all the children similar value things, excluding my youngest as he's still a child.

OP posts:
Sillysausage76 · 07/11/2024 16:41

AelinAG · 07/11/2024 15:50

This feels like it will screw your own children - how much is the business and house worth?

My house is worth a lot more than business, and my dc will be quids in.

OP posts:
Iwantabrightsunnyday · 07/11/2024 16:40

Irridescantshimmmer · 07/11/2024 15:38

She's money grabbing and a very, very, by cheeky sod.

Tell her to take a long walk off a short pier.

Why? She still has a father who is alive. Also the poster may die before him

Iwantabrightsunnyday · 07/11/2024 16:39

well, no matter what happen to you, I hope her father is going to leave her something. The fact you are alive, does not mean he cannot do that

Sillysausage76 · 07/11/2024 16:38

Trumptonagain · 07/11/2024 15:03

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.

Did your DSD and her DP do any DIY or offer to repair/upgrade the house when living there, seems a bit drastic to give up a house that you know is secure long term.
Or did her DF evict her?

The business should be 50% to your DC and 50% to who ever your DH decides to leave his half to.

Its not up to you to fill her own mothers shoes and hand over your inheritance to her.

I'll also add, having started a business from scratch that sounds a bit like yours in its a non product making one, so once retired the business isn't a kind you can sell, to enjoy the fruits of your labour and the lunches out or whatever you decide to spend your earned money on, with your DH.

Edited to say...
I miss understood in thinking you/your DH were the business, if you understand, as in there's no business unless someone in the know can run it.

Does your DSD/her DP work in the business now?

If not if you leave your % of the business to her is it not best that she/her DP work in the business before you hand it over so they know what's needed once it becomes hers.

Edited

His DD never lived in his property, she lived over side of town with her partner. The house was old and needed work and when the tenants moved out sat empty for a while and so he decided to sell it.
He's never really done repairs to my house as my brothers both have own business and they normally do it.
My children all want totally different carers, apart from youngest who's unsure.

OP posts:
scotstars · 07/11/2024 16:29

She didn't want to share when it benefited her now she will lose out unsurprisingly she wants everything equal. You are not excluding her so I think your way is correct. BTW you don't have to discuss or tell anyone what is in your wills you don't owe her an explanation.