Dc father has married

[AlertCat]

If he hasn’t updated his will I know a marriage overrides that. If our dc is not named, if he hasn’t made a new will, could I contest his estate going to new wife? Just for info- no reason to think he might pass in the near future.

@ParsnipPuree I was genuinely curious as to why your husband would make those provisions tbh, seemed a bit "off", to me, personally. (rightly or wrongly)

You have now explained, that your children are, perhaps, more deserving than his own, given his own children's fraudulent actions!

Not all families are equal, dynamics do vary, thankfully he has your support and guidance though. 🙂

No still on the first for now. Just seems crazy to me that anyone would think the spouse wouldn’t inherit, especially presuming they share a home

Did you read my replies? That isn’t what I was saying at all.

I guide him on many things but when it came to wills and provisions, being his assets acquired during our marriage I left him to decide, proffering no opinion.

As you say, all family dynamics are different but my dh is an exceptionally kind person and however his DCs have behaved, if placed in a position of trust I would do the right thing by them if not for them but for him.

I haven't read the whole thread, but I can see that there is some very poor "advice" from people who clearly don't know the law. If he dies without a will, or with a will that cuts his children out, they may have a claim under the Inheritance (Provision for Family and Dependents) Act 1975. Contrary to at least one post, they can claim even if they are not dependent on him at the time of his death. However, if they are adults and are not dependent, a claim is only likely to succeed if they are in serious financial difficulties.,

Yes - a child falls within the “class” of people entitled to contest a will, as you’ve said they “may” have a claim. Whether or not the child is dependent on the deceased at the time of death is one of several factors considered when establishing entitlement.

My DH and I have a trust for our DD so if one of us dies and the remaining spouse remarries their new partner does not inherit everything in the event of their death. Half the estate would pass to DD.

Yes you can contest the will. Everyone saying why wouldn’t it all go to the new wife? What? What about his child that he was responsible for brining into the world, is still a child and he has financial responsibility for. There are lots of posts about adult Children disinherited by a step parent and the unfairness. The case of an adult child is more complicated. the relevant provision is s1c of the inheritance (provision for family and dependants) act 1975. For a child, under s2(b) the provision is for “such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.” So as you say he is currently making payments towards the child this would be a good basis for a claim. The important thing to note is that that claim must be brought within 6 months of the grant in HIS estate. It cannot be left for new wife to inherit and later claim against her estate when she dies. A stepchild does not have grounds for a claim (unless financially maintained by stepparent.).

If he doesn't make a will after marrying and dies intestate his widow wouldn't get everything, unless the estate is relatively small.

She gets the first £322k, plus half of whatever is above £322k.

All his biological children - including any she conceives, your dc, and any others, get to share the other half of the amount over £322k.

If he does make a new will he is likely to leave a life interest of everything to his wife, with your DC only inheriting when she dies. This could be worse for your DC than the intestacy option.

You can contest it. It will cost a fair bit of money to do so though. Would it be worth it?

Even a quick Google shows you it

Ex dp has four children by two women. I’m the second - two kids. I caught him having an affair and he has since moved in with his affair partner, 30 years younger with no kids. Kids stayed living with me. For two years he has had as much contact as he wants, after school and at weekends. Picking them up from mine. Taking them for a meal/ swim/ shopping/ to play in the park or for activities. Sometimes for trips/ meals as a family (with me included). It’s been (mostly) fairly amicable considering the hell he put us through. He’s also taken them to his parents. The only times he hasn’t had contact is when he hasn’t wanted it/ has had other stuff to do. But now he’s going to the family court applying for them to stay with him every other weekend and one evening a week/ pressuring me to reach an agreement so we don’t go to court. He lives with the affair partner who the kids have never met (older child is aware of her existence and part in relationship breakdown). I am uncomfortable naturally at the thought of them playing happy families with my kids. But he is saying she’s not going to be there when they visit - says she has “no ambition to meet the kids” and will move out when they come. I find this implausible - she rents the house with him, where on earth is she going to go on such a regular basis and why would anyone on in their right mind agree to do that? Am worried this is either a deception to try and make me agree to something I’m not comfortable with (and then suddenly she will be there after all) or, if I take what he is saying at face value and she doesn’t want to meet them, a weird situation to put my kids in, staying in the girlfriend’s home with the girlfriend avoiding them. In the CAFCASS report, ex partner for reasons known only to himself painted a picture of a much more hostile relationship than we in fact have and the recommendation was that he have contact with the kids away from my home (it’s not at my home anyway - that’s just where he picks them up). No mention of where contact should be, though it said both parents agreed kids enjoyed going to paternal grandparents. That’s a distance away though and would not be possible on a weekday and unfair to make them do it every weekend. What do you think a family judge would make of all this? How to interpret the CAFCASS report?

@friendshipbracelets you'd be better off starting a new thread.

It's his choice who he leaves his money too, so if he has no integrity there's not alot you can do and it's probably best to assume DC won't get anything. You only need to see all the step-parent threads to know that usually what's fair or right isn't what's done.

No grounds to contest

She most definitely has grounds, under the Inheritance Act 1975 as cited by previous PPs. Whether the estate would be large enough to make it worth the cost of pursuing a claim through the courts is another matter.

Apologies