Inheritance when a parent remarries

[TheWonderfulThingAboutTiggers]

So - I completely get it that when a parent remarries, if they die the step parent gets everything... and that may be their choice.

But what is the usual thing if you want to protect your children's inheritance. What stops the step parent living another 20 years and spending it all/giving it to their children?

If you're talking about yourself, there are things you can do, stipulations in the will or gifting before death etc.
But there's nothing you can do if it's someone else's will except contest it when the will is executed if you're unhappy but it would cost a lot of money to fight so unless we're talking mega riches, probably wouldn't be worth your while

Oh no its not me. Just wondering what people normally do in this case.

Surely any stipulations in the will can be overriden by step parent as they may live on /sell the houses/ pass money down to their kids etc?

If a non divorced couple die it normally all goes to the other parent but then is split when they die between kids. Obviously that doesn't happen with step kids.

Those getting married should ring fence their wills.

They can state 50% of all property and money etc goes to XYZ on the demise of the remaining person - or that ‘husband’ can remain in the home for x amount of time until sold etc ….

A good solicitor is what’s needed.

So is 50% of the property to children and 50% to the new partner normal then?

(Don't new partners kids in effect then end up with a share of 3/4)

I'm looking in from the outside (and an not divorced) just trying to see if there is something "standard" that is usually drawn up? 2 houses involved as married late in life.

Some people choose to leave their wealth to their children "legally" but with a stipulation that their spouse has a "life interest" - which means they can enjoy the property as if it was theirs but aren't allowed to sell/dispose of it and the child gets the inheritance only when the step-parent dies.

It's not necessarily the best solution and comes with its own complications. Eg if the child technically owns a large amount of wealth but can't access it, that could affect their status for eligibility for things that they would otherwise be eligible for.

Yes I'm imagining if the step parent lives another 20 years and doesn't want the hassle of renting out the second house anymore yet its left in trust to the kids for example.

It must be a nightmare area of law to work in!

In the family I'm thinking of it looks like pension/posh cars/the original family home/ valuable possessions/investments will all go to the step parent.

So that often happens. Basically the children are disinherited.

😔. It does look that way. I can't quite see how it would work otherwise.

And seems so unfair!

DH and my wills say each will be left to each other, then to DS and DSC but as soon as I was the remaining person, I could totally re-write it to remove DSC. Personally I don’t plan to do this but it is completely legal.

DH would have to set up a trust to ensure I don’t do this.

This will almost certainly happen to us. Not expecting anything once step mothers have their way.

It depends as each family is different.
My dad remarried (had 3 children with my mother) and bought a home with his current wife and they have shared children.
He has told us all openly that his house is 50/50 with his current wife. She will leave her half to their shared children and his 50% will be split equally between ALL his children.

Just because the assets go to the step parent, does not mean the children are dis inherited. The step parent may well continue to make provision for them in their will.

Why are you so interested in someone else's family inheritance? Are you or your partner or DC going to be affected in any way by the outcome?

That's exactly what I think will happen here. I did say to person A "What if B remarries." To which they said "they won't!"

They've only known each other a few years and the (grown up) kids are not really part of Step parents life so I so can't see them 10 years on leaving 1/4 of their estate to kids that aren't theirs.

Men in particular seem to ditch their first dc when they remarry.
I have a friend whose dm brought the money to the marriage. After she died her dh remarried and left everything to his new dw who left it to her dc.
His first dw would have been so upset if she’d known her dc didn’t get anything!

Yup it's the man here! First wife is fuming.

That happened in my family. My grandmother died relatively young (approx 50 YO), everything went to grandfather. He remarried within a year, to a mother at school (who's daughter was friends with my uncle). When grandfather died, everything went to step-grandmother, and when she died, everything went to her daughter. My mother and uncle had absolutely nothing from their parents (including anything sentimental - step grandmother threw out anything belonging to grandmother when she married grandfather). Their step sister became very rich.

Yep, life interest or similar. I've seen this done - house left to kid but partner gets the right to stay in it with a few conditions.

A decent STEP solicitor should be able to draft this sort of part of a will properly. A lot of their work is dealing with the what-ifs.
Important to think everything through properly.
Might (this is just one example) say the trust ends if the beneficiary cohabits - so that the kid (who inherits the house ultimately) isn't faced with having to evict a frail pensioner when the trust beneficiary (their parent or stepparent) passes away.

A life interest trust in a Will is very usual for second families. For example, it would mean the new partner could live in the home for their life but on death the property would pass as stated in the Will. The partner wouldn't be able to change the Will etc. There are lots of options. Don't go cheap on a solicitor.

Everyone has their opinion an arrangements. I know someone who is 25 yrs and unmarried partner to someone. With them longer than their ex wife. Everything goes to the kids - a hse she’s modernised and cherished. It can be seen from either perspective. And … there could easily be a situation where most assets get absorbed in care costs. Main thing to avoid is taking out equity release. Scandalous they haven’t legislated against it yet.

Do you think the person was coerced into marriage? That they are incapable of looking at the situation now and making rational choices? Do they lack capacity? Did the step parent contribute nothing to the marriage and is it a short marriage?

Er nothing about coercion. That's a bit of a leap.

Just seems common from this thread that people remarry and then their children in effect are disinherited under the belief that the new partner will share equally.

I was wondering what's normally put in place if couples want to avoid this. Whether when partner A dies they leave some to their kids and partner B has a lower standard of living or how it works.

If I divorced and remarried I would leave my estate to
my children, not my spouse. Maybe a two year window to sell house.