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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Do not want SD getting my money if I die

151 replies

Preparefortheflaming · 24/04/2020 23:42

I’m fully prepared to be flamed for this. I have an adult step daughter who doesn’t like me and the feeling is mutual. I have 2 DC with my husband. I stand to inherit some money from my parents eventually and I want to make sure that the money from my family does not pass through to my step daughter. This means if I die before my husband I think I need it to go directly to my 2 DC. Is that how it’s done? This is what I want and I don’t care for opinions on how wicked I am I just want to know how is best to do it. Thanks

OP posts:
Soontobe60 · 25/04/2020 00:21

Oh, and don't bank on getting money from your parents, if they need care in later life it could eat up the lot. Plus your DH couldmwrite a will leaving all his money to his eldest child.

Toseland · 25/04/2020 00:23

I have an additional clause in my will covering this in detail, consult a solicitor.

HerRoyalNotness · 25/04/2020 00:24

I agree with you. Water tight will leaving it to your D.C.

WaltzForDebbie · 25/04/2020 00:26

I think you have the option to leave it to your husband in a life interest trust which would then default to your children when he dies so he couldn't leave it to his children. It is fairly normal to do this on second marriages. I'm not a solicitor though and you need to see one to get proper advice.

Disquieted1 · 25/04/2020 00:35

Aaaaaarrrgggghhhh.
Some seriously misinformed stuff on this thread.
First, see a solicitor.
Second, realise that your assets are also legally your husband's.
You can disinherit your spouse in your will, but it will be challenged and you will lose.
Some decent suggestions around trusts, but don't think for a second that a will is the be all and end all.
Lastly, consult a solicitor.

MissHoskins · 25/04/2020 00:41

I second all posters saying that you need to make a will.
My parents were divorced, my father didn't remarry and he left everything to my son. He had bought a house with the woman he lived with but it was tenants in common not joint tenants. My father left a will and in the will all his worldly possessions were inherited by my son. Her sons paid my son the market value for his half of the house.
My mother has married again and the house is in joint names. Their will states that whichever one dies first then the other can live in the house until their death. After the last one dies the assets will be split 3 ways a share for each of his 2 sets of grandchildren and 1 share for her one grandchild. My mother is 10 years older than him so the odds are that she'll die first. Then everything will automatically go to him. As she'll be dead there's nothing to stop him leaving all his assets to his own grandchildren.
They both brought similar amounts to the marriage.
As you may see the division of assets after death can be complicated so it's really a very good idea to make an appointment with a solicitor and make your wishes clear.

DeeCeeCherry · 25/04/2020 00:47

Im surprised people are here speaking as if it's easy and unchallengeable to disinherit a a spouse. You can't just bypass the law to suit and any stipulations you make are not watertight. They're just your wishes, which won't necessarily stand up and in a court of law. Best thing is for OPs parents to leave the money to their grandchildren and make sure it states this in their will now.

FabbyChix · 25/04/2020 00:50

Make a will leaving it to your kids. Personally I don’t think your wrong

anothernotherone · 25/04/2020 00:53

Disquieted1 the op can if she's in England. Inheritance law varies massively internationally though.

Soon2BeMumof3 · 25/04/2020 00:54

Why on earth would you ask strangers on the internet for legal advice?

Go see a lawyer.

Inkpaperstars · 25/04/2020 00:55

Totally non legally qualified here, but could you not have your parents leave their money directly to your dc?

Zombiemum1946 · 25/04/2020 00:59

Speak to a solicitor.

furling · 25/04/2020 00:59

I don't think OP is just after legal advice, she wants to hear that what she intends to do is not totally morally reprehensible and unheard-of (FWIW I don't think it is).

anothernotherone · 25/04/2020 01:00

Her spouse and indeed her step child could go through the courts to contest a will if left nothing, but if the op leaves a lifetime right to her half of the house to her husband and only cash sitting available in the bank to her biological offspring that would make that less likely.

If she leaves a will that would make her spouse homeless in favour of her adult children being able to sell the house for profit this would be easy to contest.

FrangipaniBlue · 25/04/2020 01:02

Make a will leaving it to your DC.

My mum died with no will, the house (which at the time was mortgage free and paid for equally by my mum and dad) automatically passed to my dad.

My dad strictly speaking, is my step dad but has been in my life since I was 2 (I'm now 39) and to all intents and purposes he was my dad. I thought of him as such and always believed he thought of me and loved me as his daughter (my parents never had any other children).

He passed away last week and hasn't left me a thing. He's left the house (including the half that was paid for by my mum) plus all his money, shares and investments to his 2 nieces.

If you want your DC to have what is yours MAKE A WILL!

FrangipaniBlue · 25/04/2020 01:06

Her spouse and indeed her step child could go through the courts to contest a will if left nothing

There are only 5 basis of contesting a will in England. From what the OP has said her situation meets none of them. So they could try to contest the will in court but would not win.

furling · 25/04/2020 01:07

@FrangipaniBlue I'm sorry about your dad and about his decision Flowers

MiddlesexGirl · 25/04/2020 01:08

@FrangipaniBlue That's awful. I'm so sorry you have to deal with that.

IPityThePontipines · 25/04/2020 01:08

@FrangipaniBlue That is awful, I'm so sorry.

OP, I agree with what everyone else has said, you will need to make a will.

shamalidacdak · 25/04/2020 01:09

You need to put all your assets in a trust otherwise there's a strong possibility that your SD will inherit if you die first. A will is not secure enough

ChocolateDove · 25/04/2020 01:10

I personally think that a time when your children and loved ones are grieving is not a time when you want to add the stress of them having to deal with a disgruntled step sister.

In all honesty why should she be disgruntled? We don't know why they don't like each other, maybe it's just one of those things? Maybe the daughter is just being petty? Maybe op is an asshole and should be hated? We don't know. But if I hated someone even if related to them, I wouldn't give a crap about their will once they died. I'd say 'oh that's sad they've died' and move on. You really just look like a money grabber and are a money grabber if you're happy to take money off someone you hated while they lived and would be pissed off being left out.

Speak to a solicitor op. I don't think it's quite as simple as some make it out to be to contest a will. Guess it depends on the will really.

Purpleartichoke · 25/04/2020 01:11

The people you would inherit from need to specify in their will. It is not uncommon to
Leave things to your child, but if they are already dead to the grandchild, not the spouse.

FrangipaniBlue · 25/04/2020 01:12

Thank you, there are no words for how utterly utterly heartbroken I am.

OP (and anyone else in a blended family!) please don't ever do anything that could potentially put your DC in my situation in years to come.

DrPeppersPhD · 25/04/2020 01:18

I'm with the PP who said that if my spouse felt this negatively about my child I wouldn't be dating them, but that's a moot point. What you need to do is get off Mumsnet where posters could have found their qualifications in a kinder egg for all you know and get some actual legal advice about making a will and your options regarding the money and your DC.

Mummyoflittledragon · 25/04/2020 01:19

@FrangipaniBlue
I’m so sorry. How awful for you I’ve heard of this happening all too often. Flowers

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