Will writing

[namechangedforthis1980]

DH are planning on writing our wills soon ( should have done it by now!)

Please bear with me, I have very little legal knowledge!

This is going to sound like I'm being nasty, but I just want to make sure everything is written correctly.

DH and I have two sons , one being mine from a previous relationship. DH has brought him up since he was 2, and treats him as much as a son as DS2.

Financially we are a one income family - I gave up work when DS2 was born 10 years ago. We are home owners - house is in both names.

My thought is that in the event I die first, will everything go to DS2 after DH dies? Is there anything we should write in the will to ensure it's split fairly? Could DS2 contest that DS1 isn't entitled to anything as he isn't biologically DH's?

I feel awful writing that as it makes it sound like I think DS2 will be nasty! However I've witnessed the fall out of a family like ours before and it wasn't pleasant.

I just want to make sure DS1 doesn't suffer. DH is adamant he be treated as equally as DS2, but won't be around to make sure that happens.

Thanks!

Are you getting a solicitor to write them? I’m not one but this sounds like a relatively frequent circumstance and one they can advise on. If you both have wills, then what you have set out in them as your intention is almost certain to happen - DS2 would not have a good case to contest a properly drafted and witnessed will that left property to both him and his brother just because there is no biological connection between DS1 and your husband. However, if you died first and left all your property to your husband for him to leave to your sons, he could then make a new will and leave everything to DS2 (or indeed to anyone else). It doesn’t sound like this is what you are worried about, but if you want to ensure DS1 (or DS2) gets a portion of your estate, you can leave it to them directly on your death, probably with a clause allowing your husband to remain in the house or sell it and buy another one, until his death too.

The drafter will be able to help you with this, I don’t think there is anything specific you need to ask them for. Others who know more may give you fuller advice!

MN's own @mumblechum0 is the person / service you need for this. Had loads of experience and is very good at making everything very clear. Brilliant.

You can put whatever you want in your wills. The fact that DS2 would inherit everything under the intestacy rules if there was no will and you died first is irrelevant. The fact that DS1 is not biologically related to your DH does not allow DS2 to argue that DS1 shouldn't inherit.

The normal thing in this situation would be to own the house as tenants in common, so you each own half the house. You can then make a will giving your husband a life interest in your half of the house (which will allow him to carry on living there) with it going to your two sons when he dies. That guarantees that, at a minimum, DS1 will get 25% of the house.

I second Mumblechum (aka Marlow Wills), she’s very thorough and professional, she also works via Skype. She can also advise on Powers of Attorney, which you also need. She’s the Mumsnet go to! And she’s cheaper than most solicitors!