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Original poster

Who will inherit?

44 replies

CarrotyO · 03/02/2024 14:25

My DF is 10 years older than his wife (my SM). She has two DC from previous marriage. Assuming he dies first, she is next of kin and will inherit house etc. When she dies I assume that any property / money will pass to her DC. Is that how it works - if a DF remarries then his children no longer inherit anything? (I know that there will possibly be nothing to inherit due to paying for care etc but I am just curious. My DF inherited from his DF but assuming that I won't inherit anything myself?).

OP posts:
IIdentifyAsInnocent · 03/02/2024 14:45

Beenaboutabit · 03/02/2024 14:33

This seems to suggest she will get the first £332k then half of what's left will go to his children. I may well be wrong.

WomanInTheWall23 · 03/02/2024 14:46

MN is not serving you well here. It is incorrect to say his new wife will get everything - it depends how big his estate is and over a certain size you absolutely do get a proportion. Try this: https://www.gov.uk/inherits-someone-dies-without-will

Intestacy - who inherits if someone dies without a will?

Find out who is entitled to a share of someone’s property, possessions and money if they die without making a will

https://www.gov.uk/inherits-someone-dies-without-will

Original poster
CarrotyO · 03/02/2024 14:48

His estate will be below £332k.

OP posts:
WomanInTheWall23 · 03/02/2024 14:51

Ok well that link will give you the answer. And once his wife has the money she can do as she likes.

MikeRafone · 03/02/2024 14:54

Of course, she might die before your DF and then this may or may not be different

SaintJulian · 03/02/2024 14:56

I married a man with 5 children, I have 1. All the children are adults.

DH owns our house. We agreed before we married that if he dies first (he's 13 years older than me) then I can stay in the house until my death at which point the house will go to his children.

We made wills to that effect.
If he hadn't wanted to do that I'm not sure what would have happened, I wouldn't have wanted to exclude his children though.

If your dad understands the situation but won't make a will there's not much you can do.

swimmingdory · 03/02/2024 15:00

He can write a will leaving his estate to you but her with a lifetime interest to live there

ohtowinthelottery · 03/02/2024 15:15

We have just written new wills which, although there are no plans to divorce and there are no step children, the new will pre-empts one of us dying and the other remarrying to protect our DS's inheritance.

We basically put the house into 2 x 50% shares (instead of both owning jointly) and upon 1st death the deceased's share will be held in trust with the surviving partner having a lifetime interest but ensuring that at least 50% of the property value is preserved for DS on 2nd death. So even if the widow (er) remarries their new spouse won't get everything.

Your DF needs to make provision for you in his will (if that's what he wants) but can do so in a way that doesn't make your SM homeless on his death.

BatteryPowerGnat · 03/02/2024 17:50

If he dies first intestate, the first £270k goes to his wife plus any personal possessions. The balance is split equally between his wife and children.

lollydu · 03/02/2024 18:03

My dad remarried and left his half of the house and what was left of his estate in trust for his children to be divided up when she dies, so she owns her half of the house and the trust owns the other half xx

CrabbiesGingerBeer · 03/02/2024 18:31

BatteryPowerGnat · 03/02/2024 17:50

If he dies first intestate, the first £270k goes to his wife plus any personal possessions. The balance is split equally between his wife and children.

Correct except the amount to spouse was increased in July 2023 to £322,000

Original poster
CarrotyO · 03/02/2024 18:41

lollydu · 03/02/2024 18:03

My dad remarried and left his half of the house and what was left of his estate in trust for his children to be divided up when she dies, so she owns her half of the house and the trust owns the other half xx

Is it a complicated / expensive process? to set up a trust like you've described?

OP posts:
lollydu · 03/02/2024 19:09

I'm not sure of the expense to set up but I would say probably can be done in the same way as making a will so not much more than that by a solicitor. What is complicated and time consuming is the administration of the trust - I am one trustee (his child by his second wife) and his son from previous marriage is the other trustee. If you choose a solicitor to be a trustee they charge for everything they do to administrate and if you are a trustee you have to take it on and it can be a burden.

IIdentifyAsInnocent · 03/02/2024 19:25

CarrotyO · 03/02/2024 18:41

Is it a complicated / expensive process? to set up a trust like you've described?

Show quote history

It cost me and my husband £150

MrsCharlieD · 03/02/2024 20:29

My DM's will states if she dies first then my stepdad gets to stay living in the house (which is hers) but when he dies then my brother and I inherit. My stepdad's daughter won't get anything from the house but stepdad has investments and savings which she will inherit.

PutMyFootIn · 03/02/2024 20:32

CarrotyO · 03/02/2024 14:31

And I would have no right to anything as her step-child?

No, no rights at all.

It's the main reason most divorced people never re-marry. To protect their childrens inheritence.

PutMyFootIn · 03/02/2024 20:38

I think it's really sad when this happens. It seems to happen more with men. It's like as if all they can think about is getting a new wife so they don't have to be alone when their old and if that means cutting their kids out then so be it.

But like others have said, there ARE ways round it. But he probably doesn't want to rock the boat. After all, she could divorce him too and take half, and he wouldn't want that either. No, he's done what he thinks will get him the easiest, nicest life. I'm sorry OP. If it's any consolation, I suffered similar myself.

boopboopbidoop · 03/02/2024 20:55

MrsCharlieD · 03/02/2024 20:29

My DM's will states if she dies first then my stepdad gets to stay living in the house (which is hers) but when he dies then my brother and I inherit. My stepdad's daughter won't get anything from the house but stepdad has investments and savings which she will inherit.

I guess the will has to outlive who pays for upkeep, council tax etc and maintenance of the house. It would be unreasonable if you had to pay for maintenance for potentially decades or for the house to deteriorate to a terrible state because the surviving spouse and/or his dc don't want to 'waste their inheritance' on maintaining the house.

angsanana · 03/02/2024 21:13

CarrotyO · 03/02/2024 14:31

And I would have no right to anything as her step-child?

It's not about rights it's about what's in her will. Can your dad place the house in trust so she can live there but it passes
To you once she's gone? If you want the money sort this out now OP else you'll
End up
With nothing

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