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Wills and step families

7 replies

doodar · 23/09/2018 17:56

friends mum died earlier this year, died intestate so estate passed to stepfather, step father died a few months after and has left everything to his kids. Nothing to the mother's kids. is this right?

OP posts:
mikapatika · 23/09/2018 18:14

Yes unfortunately, if they were not named in the will then they will not inherit, or, if the stepfather died intestate, his estate would still only pass to his children, not step children

lalafafa · 23/09/2018 18:16

ok, thanks.

Mumoftwoyoungkids · 23/09/2018 18:18

Legal - yes.
Moral - not overly.

ICantBelieveIDidThis · 23/09/2018 18:22

If the stepfather's natural children are willing, a deed of variation can be done which would allow the mother's natural children to inherit something.

However, they have to be willing.

lalafafa · 23/09/2018 18:25

sadly i don't think the step children are willing to share.

ICantBelieveIDidThis · 23/09/2018 21:16

In that case, it's legal but morally wrong.

It's also an object lesson about making a will and making preparations for death.

Depending on how the mother held her assets, she could have left her half of the estate to her children.

MissedTheBoatAgain · 25/09/2018 08:48

Moral of story here is to make a new will when there is a significant change of circumstances. Surprising how many people are not aware that if they remarry children from their first marriage can be pushed aside unless will has been amended and children from the previous marriage are specifically named in the will.

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