Can my adult step children challenge our mirror wills?

[timegoesbysoso]

I live in Scotland so this may influence any comments

Been married to DH for over 30 years. We have one adult son, 22.

DH has two children from previous relationship well before we met (never married).

DH and I have mirror wills so we both fully inherit if the other one dies.

My DH was a low earner and me the high earner. Basically, I've brought the money in.

We own our house jointly, mortgage free.

I have just assumed if he dies first, I inherit everything and vice versa but someone has said that the two adult step children can make a claim when DH dies. Is there any truth in this?

Yeah I don't think you can disinherit in Scotland

Don't think you can completely disinherit your DC (although family home falls outside of this)

Leave a token gesture then they cannot

He can’t disinherit, but you can; they’re nothing to do with you.

Get your assets sorted now

But surely his kids deserve the same as yours. So last survivor leaves everything three ways

Did you pay a solicitor for the wills? They should have explained this all.
Children can petition for a third of the “moveable estate” (so not land or property) to split between them.

If you're in England, the children could only challenge it on the first death if they're seemed to be dependants.

What people often caution about is that if all "your" money goes to DH, he can then write any will he likes, which could include excluding your children/leaving everything to his next wife.

If he doesn't leave a will, the money would automatically go to his spouse, or if he hasn't remarried, be split equally between his children, although the mirror will remains valid until he changes it or remarries.

Shouldn't whoever drew up the wills have checked this? Can you go back to them and get it clarified?

In Scotland you can’t disinherit your children so they could make a claim for 1/3 of the movable assets between them ( cash in bank/ jewellery etc. not for the house) It’s known as the Bairn’s share.

That was the plan but now worried they will challenge me inheriting if DH dies first. So they want a share if he dies first.

DH has no savings, it's all built up by me but in joint accounts

Except the last survivor might remarry and there might be more children involved. I would want to nail down the fact that my children were going to inherit my money.

Even if he dies first and the will says it all goes to me as his wife?

And my post is compete nonsense because I didn't read your fist line properly! As I understand it, in Scotland you can't disinherit your children

So if DH dies first, they can claim even though the mirror will says I inherit?

This explains it fairly clearly:

https://www.wallacequinn.co.uk/disinheriting-your-children-in-scotland/

You should go back to the solicitors and discuss the implications for joint accounts.

I realise he has been a lower earner but does he really have nothing to leave? Because the easiest way to avoid legal challenge would be for him to leave his children something. It's not that they definitely couldn't challenge the will then but more that if they feel recognised, it might make a difference to how they feel about wanting to

Money in joint accounts isn’t part of the estate. It stays with the other account holder. It’s just money and possessions in your dh’s own name.
But seriously, you need to speak to the solicitor who drew up the wills.

The will cannot divest the children of their rights in Scotland to 1/3 of the moveable estate. They would have to legally sign them away

Thank you @spriots

I've clearly been naive here. I just assumed with mirror wills we inherit to each other only has husband and wife.

Please please please get some proper legal advice on this.

All three sons would have legal rights to your DH's estate. Only your son would have legal rights to your estate.

It's worth working out what it is you want to achieve as the sons from a prior relationship miss out if he dies first but gain if you die first, Your shared son is however guaranteed a share of the moveable assets in both estates and would benefit from DH passing first.

I would say that unless you can even it out, speak to all of them to ensure that they understand the logic of whatever you and your husband decide.

I intend to.

DH had a health scare at the same time my two step children have inherited large sums from the other side of the family, and it was their talk of further direct inheritance that has prompted by questions.

It is not always the case that joint accounts pass to the survivor

I'm in a similar situation - also in Scotland. We both had a child previously and then together.
We have mirror wills - so that when one dies everything goes to the other and then when that person dies everything is split equally amongst all the children.

Our solicitor told us that if my DH died first his child from before is able to make a claim against his moveable estate, which is liquid assets - bank account in DH's name only and maybe car in his name. All my DHs bank accounts are joint with me and typically classed as 'Either or Survivor' - so will go to the survivor (me) and are not part of the moveable estate.

The bigger risk is of course that the survivor changes their will to leave the estate to eg their own children or new partner

Thank you, that's so helpful