Dad and step mum house issue in will

[LadyInRainbow]

10 years ago my step mum and dad bought a house together for some reason it was put just in stepM’s name she bought the house with her money and df then paid for a huge extension and renovations.
she has now made a will leaving the house to her children not df. Is this legal? What should he do? They are married since 2009 house bought in 2015 and living in Scotland.

Has she given him a life tenancy?

Are they actually married or just cohabitating?

I presume he is unhappy about this?

He could divorce her… and get half the house in the settlement.

That would solve it and give him a share of the house to leave to you.

I don’t know about in Scotland but I believe in England you can’t bequeath something to someone other than your spouse that you wouldn’t be awarded in a divorce. The premise here being that she can’t give away 100% of a marital asset if she would only get 50% in a divorce. He could divorce her.. which would clear things up but I guess he doesn’t want to. He could contest it but does he want to?

It's not possible to disinherit a spouse in Scotland, they have legal rights. He needs to take specialist advice.

He needs to take specialist advice as this doesn't include houses I believe.

Is she assuming he's entitled to half of it and the children are to inherit after her?

Has she made this Will with a solicitor?

Not a lawyer but I thought this was the case as well

He should arrange for her to change the house ownership so they each own half of the house and also change her will to allow him a liferent interest in her share if she predeceases him. If refused its divorce time.

If she won't put this right he needs to divorce her now.

Legal rights in Scotland only apply to moveable estate not heritable estate (houses)
She can leave the house to who she likes

He should’ve got this sorted before ploughing his money into the house. Why was his name not on it?