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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Blended family and wills

112 replies

Notsurewhatimdoing100 · 28/01/2025 11:31

So I married my husband a year ago, we have a 18 month old and my husband has two children. The eldest is turning 18 and lives with her mum full time. The second is 8 and lives with his mum (different mums) half the time and half with us.
my husband and I have been discussing wills, he owns a good business.
we have agreed that both his children also have their mums’ to inherit from when they die so therefore our current family home will be left to me which will then pass to our son and no other child.
my issue is that if something was to happen to my husband in the next few years, our son won’t have received the same level of support from him due to his age. My husband is proposing splitting his entire estate equally between the children and me, each getting 25%, initially I thought that was ok but on reflection I think our son should get a larger percentage. I know he will receive whatever he gets from me at some point but his other kids will also get that from their mums.
as a side note, my will states that anything I have goes to my husband then to our son and no-one else.
Am I being unreasonable?

OP posts:
Only2WeeksToGo · 28/01/2025 13:51

Let's imagine that you and your husband split up and he moves on to the fourth mother of his children. Presumably your child getting less that baby number 4 would seem unfair?

Livinghappy · 28/01/2025 13:51

It seems your dh moves on every 8 to 9 years and doesn't form positive relationships, after separation, with his Ex wives or children.

I say this not to be mean but to flag that past behaviour is often an indication of future behaviour. Don't make yourself financially vulnerable, even though you may now be in a positive relationship.

If he is older he should have life insurance to protect his children until they are young adults. Don't rely on the business as it takes a long time to wind up a business, sell assets etc. If he is heavily involved in the business it may not thrive without him at the helm.

Get yourself a pension, whatever happens you need a pension and investments in your own name.

I agree with others split should be equitable as a life insurance policy will resolve any day to day costs your son (and 8 year) will have.

BruFord · 28/01/2025 13:49

I agree with @IndiraCharcoal although presumably your home is jointly owned so you'll need to have a life interest in his share so you wouldn't need to immediately sell it.

DH and I both have life insurance that would help the surviving spouse pay for our children's expenses, that's why we took it out.

Oriunda · 28/01/2025 13:47

Your own will should leave everything to your son only. It's naive to think that anything you leave your DH to pass on to your son won't be split 3 ways amongst all his children, or potentially to any future wife and then away from his children altogether.

You want your child to benefit? You leave your money directly to them, with trustees if necessary.

chargeitup · 28/01/2025 13:43

Notsurewhatimdoing100 · 28/01/2025 12:41

thank you all for the responses. I am not proposing that the elder children get nothing, I am simply asking if his proposal that the entire estate is simply split four ways, rather than his estate following the normal majority pass to spouse and any remaining being split equally between all the children seems fair.
some ppl have commented about me getting 50% and the rest being split between the three kids, that is not what he is proposing.
this is all new to me and I would just like to make sure our son is provided for.
I have no idea what the other children will inherit from their mothers, which is why I am not discussing what our son will get from me.
judging by this I will co sided leaving everything to our son rather than my husband

When you refer to the 'normal' way of leaving assets you are really referring to the situation where there are not other dc scattered about from previous relationships.

Once you are in blended families the normal thing to do is quite different. And this is something anyone getting into a relationship with someone who already has children needs to understand.

You married someone with existing responsibilities and emotional connections to.

Pinckk · 28/01/2025 13:42

Equally equally equally.

No ifs and buts, he’s got three children so should split it between them equally and not favour one over the others, regardless of what you say.

He should have insurance in the event of his death to support his younger children.

I also agree with the posts by

@Onedaynotyet
@Huskytrot

as your DH sounds like he’s got form for having kids with different women. You’ll be changing your tune in a few years if he moves on to the next and the new wife says @Notsurewhatimdoing100 child will be ok, she can will leave her estate to them so you should leave more to me and our child. You wouldn’t like that and rightly so.

Newgreensofa · 28/01/2025 13:39

TheodoraCrumpet · 28/01/2025 11:48

And if your DH, God forbid, moves on and has more children with another woman, you'd be happy for your DC to lose the bulk of the inheritance you think is due to them because your child will inherit from you?

Exactly this! Let’s hope OP doesn’t have to return to Mumsnet with a different problem in a few years…

Fairyliz · 28/01/2025 13:38

By the sounds of things he will probably have had several other partners and children by then.
Possibly think about getting him to have a vasectomy first if you want your child to inherit.

JustEatTheOneInTheBallPit · 28/01/2025 13:37

Notsurewhatimdoing100 · 28/01/2025 13:13

Thank you, this seems like a good option. Unfortunately the relationship with his siblings is already difficult due to my step son’s mother. My husband had to take legal action before I met him, four years later she still tries her best to disrupt life. The will is a very recent discussion.
his step sister doesn’t bother with us as she is a teenager and has her own life.

I understand, I really do. I don't actually think your OP reads like you're trying to be mean or grabby - just that you're exhausted by the situation you live in and you want to make sure your own child is put first - rightly or wrongly, it isn't for me to say.

My situation isn't as complicated as yours, because there is just one ex and my husband and I have been together a very long time... but it has had it's fair share of discord and it can leave you feeling wild, unsure and determined to pull up the drawbridge.

If you haven't already done so, there is a book by Wednesday Martin called Stepmonster which delves into the feelings that surround sharing resources with your SC; who are essentially another woman's offspring, right there in your nest. It's really good and I would totally recommend it. (There is an audio version available on Spotify, but fair warning... you might find yourself shouting "I KNEW IT!" into thin air quite a lot!)

Of course, you asked about wills and I hope I'm not overstepping when I point out that it is clearly part of a wider issue that a book can help you address!

Regarding the money itself...

Give your son opportunities, teach him the value of hard work, make sure he has the tools to look after himself, and he won't "need" anything else from you. That is far more valuable than an extra 25% of anything. Give him the whole world and then let the inheritance be exactly what it is... "just money".

My immediately family have suffered through 2 x disputed wills after older relatives have died. The stress for those left behind far outweighs the value of the extra gold. So, do everyone a favour and get something fair and equitable hammered out in a lifetime interest trust will. They cost slightly more to create than a bog-standard joint or mirror will but the co-op are great and you can do it all from home over the phone / email. Once it's done, you won't really think of it again, but you will be grateful that you have something to protect you all.

notatinydancer · 28/01/2025 13:36

You don't know if the other kids will inherit from their mothers.
You don't know if your husband will leave anything?
Care home fees ?
You can leave your share to your husband he can say he will leave it to your son then change his mind.
Either of you could have more children.
The current arrangement seems unfair to his first two children.
Your husband has three children.

Huskytrot · 28/01/2025 13:36

Onedaynotyet · 28/01/2025 12:21

Have you considered that your dh seems to be in a pattern of ditching and replacing his kids every 8-10 years? That being the case, it would be better now to establish firmly that any assets he has are divided equally between all his children (there may be more to come).

This.

The chances of you inheriting anything from him are slim, you'll likely divorce not be widowed.

Make your financial plans with that in mind.

Willyoujustbequiet · 28/01/2025 13:35

DaisyChain505 · 28/01/2025 11:58

Jeez you are being very cold hearted thinking his children shouldn’t inherit from him.

He has three children who should all be treated equally.

Edited

This

I find your decision to disinherit his other children from the family home shocking.

You cannot possibly rely on their mother. Anything could happen.

AndSoItBeginsAtLeast · 28/01/2025 13:34

I'm a step-mum to two older children as well, with one shared child with husband.
My half of the assets go to our shared child, his half is split 3-ways. The house comes to me if he goes first, and my half of the property will go to our shared child, and DH's half again split 3 ways.

Life insurance is being split 3 ways between the children (i don't have any need for it), and that's about it i think
you are being massively unfair to think your child should have the house, plus a bigger %. As the house goes to you upon DH's death, really it should be half to your child and half split between SC, not all to your child.

Anxioustealady · 28/01/2025 13:31

Dysonairwrapisatthehotelmaybepossiblyprobably · 28/01/2025 13:05

As I side note OP, I’m pretty sure, if your will states your assets go to husband then then son, if you die first, you do know you have no control over what your husband does. He could leave your assets to all three kids. Have you explored this with a solicitor?

Or maybe just his new shiny fourth wife and child, as OP is proposing for herself

Hoover2025 · 28/01/2025 13:29

I think there’s some complexities here you should consider regarding inheritance tax on property vs. assets.

Leaving the house all to your son could massively increase his tax free take home compared to your partners children.

Additionally if you’re worried about your son whilst he’s young just take out a separate life insurance in trust for that. Thats easily solved.

SixTee · 28/01/2025 13:29

Would it be fairer, if the circumstance were that your husband dies before you, that you should have the right to reside in the house until your death and only then will the house be inherited split 3 ways equally between the children?

A decent solicitor could advise you properly.

MontyDonsBlueScarf · 28/01/2025 13:29

I just wonder whether you're trying to achieve too much here. At the moment there's a big difference between your son and your DH's other children. In 10 - 15 years' time their needs will be much more similar and what's fair might look very different. You might be better served to make wills that reflect the situation now, and to revisit them regularly.

SwizzelsDoubleLollies · 28/01/2025 13:27

Notsurewhatimdoing100 · 28/01/2025 13:13

Thank you, this seems like a good option. Unfortunately the relationship with his siblings is already difficult due to my step son’s mother. My husband had to take legal action before I met him, four years later she still tries her best to disrupt life. The will is a very recent discussion.
his step sister doesn’t bother with us as she is a teenager and has her own life.

That is sad he doesn't have a very good relationship with his siblings. We still saw my SC regulary even when they were teenagers.

Namerequired · 28/01/2025 13:27

I understand with your child only being tiny that it’s going to take a lot more money to raise him if your oh was to pass soon. A life insurance policy to cover this would probably be best. Is 25% going to be enough to keep you and possibly your child? Are you planning any more children?
He definitely shouldn’t leave his other child less than, but it should be the same disposable percentage when they are adults, and the money to raise them to that point should be treated differently .

BeachRide · 28/01/2025 13:26

Notsurewhatimdoing100 · 28/01/2025 13:16

Thank you, I am being biased and I know that, mother bear mode

Mother bear mode often kicks in when she has a sneaking suspicion father bear can't be relied upon.

ForRealCat · 28/01/2025 13:24

SwizzelsDoubleLollies · 28/01/2025 13:09

I wouldn't always assume that if a man has children from an ex that he has failed. Women end marriages too and not always because the man is a failure.

You're right. But one should be a warning and you should be aware of it, two is becoming a pattern though...

BeachRide · 28/01/2025 13:22

I wonder if he promised the house to each of his children's mothers in turn, and then moved on? That might explain her being 'difficult'.

anniegun · 28/01/2025 13:18

But your son will inherit from his mum. So each child of your husband should get an equal share

Notsurewhatimdoing100 · 28/01/2025 13:16

AmandaHoldensLips · 28/01/2025 13:09

The only right and fair way to do this is for him to split his estate equally between ALL his children.

Of course it's natural for you to feel biased towards your own child, but that child will be inheriting your estate in its entirety.

Thank you, I am being biased and I know that, mother bear mode

OP posts:
Notsurewhatimdoing100 · 28/01/2025 13:13

JustEatTheOneInTheBallPit · 28/01/2025 13:08

You need a Life Interest Trust will, where you specify that your son gets everything from you - including everything that you are passed from your own familial connections (such as your parents). Also specify that your husband passes all assets to you upon his death, but that your step children then each receive 25% of what's left when you pop off too.

This ensures that:

  1. If your husband dies before your son comes of age, then your son continues to benefit from the life you built together regardless and you won't be seen out into the street - I assume this to be something you need to think about because it seems there may be a considerable age gap between you and your husband, given the ages of all children involved.
  2. Your step children have to wait but it should benefit them financially to do so, assuming assets continue to thrive.
  3. You can't make off with all the money.

We have this in place, but my SC receive equal portions of all money left when I go: I've known them since they were dots; I've helped to raise them; they're my family regardless of lineage.

So, we have a Life Interest Trust will that behaves a lot like a mirror will but with added protections for everyone.

One more thing to consider - One day you'll be dead and any illusions you have about counting out buttons for your boy will be dead with you. Meanwhile, he'll have a very lonely life without a relationship with his siblings, if you leave behind a shit storm for him to deal with. Siblings are your best link to your past and the people most likely to stick with you in the future. To quote that Baz Luhrmann hit or something.

Thank you, this seems like a good option. Unfortunately the relationship with his siblings is already difficult due to my step son’s mother. My husband had to take legal action before I met him, four years later she still tries her best to disrupt life. The will is a very recent discussion.
his step sister doesn’t bother with us as she is a teenager and has her own life.

OP posts: