Wills and dsc

[RhiannonnDontGo]

Dh and I have been discussing wills. Dh has a ds 15 and a dd 13. We have a ds together who is almost 2. We own a house which we have invested 50:50 into give or take. He wants to leave the house equally to all three. I want half to go to our
Ds and the other half to be shared between his ds and dd.
Who is right?

Nobody knows if they will inherit from their dm though - remarriage, care home fees, bankruptcy (perhaps least likely) may all mean they don't.

What happens if you have another child? Or six more children? Still happy for your 50% to be split between your six?

They live with their mum and will inherit her house between them (I assume!) but I'm quite happy with 50% to ds and 50% split between dsc.

You are being more than fair, OP. DSC will potentially be better off than your son. And you may have more DC too.

Lello yes as long as he splits his 50% evenly between all of his own children also.

Family scenario here. DSC to inherit house from their mother. Fathers house to be split between two DC and two DSC I.e all four of his children.

Eventually decided that step mothers 50% to be shared 25% each between shared DC. Fathers 50% to be shared between four children. So each DC gets 25% from mother and 12.5% from father. DSC to inherit 12.5% each.

I wouldn't hold as tenants in common without some kind of trust entitling the remaining spouse to live in the property until death as otherwise the new owners of the deceased's 50% (DC and DSC) could seek to sell the property.

Your 50% should go to your biological child.

His 50% should be split between his three biological children.

So - 66.6% to your biological child and 16.6% each to the other two.

Your 50% to go to your DS, his 50% to be split 3 ways between his 3 children

Zara - that's why I think more info is needed.

I don't think it's fair for step children to gain from "double inheritance" especially when much of that may have been gained though a divorce settlement and then expect to gain equitably from the step mother.

Nor do I think it's appropriate for step children to be left dis-inherited by the same mechanism.

It's hugely complex....

I wouldn't hold as tenants in common without some kind of trust entitling the remaining spouse to live in the property until death as otherwise the new owners of the deceased's 50% (DC and DSC) could seek to sell the property.

She could write that in to HER will after she severs the tenancy (which you don't need his permission to do) and as her will is private it's up to he what she tells her DH.

I have this arrangement with ownership/wills with DH and our children are both ours. It's to protect them from future marriages should one of us die and the other remarry,

I think your suggestion is the fairest.

Also since his children will inherit (probably) from their mother and also your DS is younger and if anything were to happen now, he would still need to be housed, that would also be a factor. You are being very fair.

Similar family situation here involving 2 full siblings and 2 half siblings. Full siblings inherited double what half siblings did as the main asset was the house which had been bought jointly by parents of the full siblings so full siblings got a share from both parents and half siblings from one. This was discussed with us as adults and everyone understood and accepted it.

What makes the most sense is that you are the primary beneficiary and the DC are the secondary beneficiaries with 16.6% going to each step child and the rest to your shared child if the first wife is able to leave money to your SC.

If the ex wife is not able to leave an inheritance I'd split it equally but always always as secondary beneficiaries.

They have a mother that they will also inherit from, and another set of grandparents possibly (mother's parents).

He has 50% to dole out amongst his 3 children; you have 50% to dole out to your child. Frankly, your child should inherit more from you two under the circumstances, so 50/50 to the 2 sides is quite generous.

What doesn't seem to have been considered is the age that you die which has huge implications. If before any of the children are 18 the DSC have a parent to care for them still. Your DC will need someone to bring him up and will need sufficient financial support for that. It's very different if all the children are financially independent adults. Very tricky but hopefully you can to an agreement that you are both happy with.

I have 2dc and 3sdc
At the moment there is an even 5 way split in our wills but we have been nc with dsd for 10 years now so, if dh predeceases me I will change my will to leave half to my dc and half to my two stepsons.

I agree it depends on the situation. If you are raising the DSC as your own then 1/3 each seems fair, ie treating and providing for them equally. But given they live with their mother (majority of the time anyway) then she and your DH are the ones raising them and are responsible for providing for them. In DH's mind not only is he providing and their mother but so are you. In yours you are providing but DH isn't (or you are giving them some too). In this situation I think you should each decide how your 50% of the house is willed. If you want to leave them something then fine, be that a set amount or a % or an item.

Split equally. Hardly his older kids' fault that they weren't born to you.

At the moment there is an even 5 way split in our wills but we have been nc with dsd for 10 years now so, if dh predeceases me I will change my will to leave half to my dc and half to my two stepsons

This thread is quite a depressing read

Presumably the house that his other children live in and will inherit was half paid for by him, so in a way he is already giving to them. You are being more than fair with 50% to your child, i would even argue for his 50% to be split 3 ways.

Either way, it really does depend on why you die and in which order.

You are already being generous and compromising by offering 25 % to the two dsc. Assumedly their mother has only two children and doesn't intend to have more. I noticed upthread someone said about how they may not inherit from their mother or she may need to pay for costly bills in a care home. The same could happen to op and her dh.

DH and I have DCs together, and I also have DCs from a previous marriage. Older DCs will inherit from their father as well, so we haven't done a 50/50 split. My half of whatever the estate is is split between all DCs, DH's half is split between our shared DCs only. Seems fair to all of us. Obviously one of us will die first, so we've worked out the percentages and our wills say the same.

House should be split equally between you both - 50% (your share) given to your only DC and 50% (his share) split beteeen his three DC.

Strictly speaking half the property is yours so your half should go to your dc and his half should be divided between his three dcs.

If it were me I would look at the other factors. Do his dcs live with their mother? If so presumably they will inherit her wealth, whereas you dcs will only inherit from your and your dh. Logically it makes sense to me that all dcs inherit a share of their own parents' money. If however, you and your dh are bringing up his dcs (and there is no mother or no prospect of them inheriting anything from their mother) I would share your joint wealth equally between all three