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?

Could you elaborate?

There are so many stories about surviving step parents disinheriting their spouses first children, it wouldn't be a surprise if they challenged the will.

@timegoesbysoso I've just been through this in Scotland and you can't disinherite the older dc.
Under the most recent changes as your dh has a wife and 3 children then the most you can inherite is 25% of his estate with an equal amount going to each of his children.
You can leave 50% of your estate to your dh and 50% to your dc (unless you adopted his dc then it would be 25% each)
You really need to see a lawyer and redo your wills ASAP

OMG that's shocking. I'd only get 25% of what is in effect my own money?

So much for using ISAs in his name.

Absolutely flabbergasted at all this

But if they're 'in his name' for legal recognition re tax benefits they'll be legally in his name for will purposes I'd presume?

if you want to go that route then their son gets her half share and one third of dad's half. The step kids get one third each of dad's share.

Did you draw up your wills with a solicitor?

I am a bit shocked that they didn't raise this with you at all

Definitely get legal advice OP.

A solicitor should be able to tell you how to protect your savings/non property assets.

Op,
Specifically ask your solicitor to review your will and also the status of your assets.
For example, look at holding your home as Tenants in Common. So that, if you die, you can for example, have your will written such that your DS inherits your half but with a rider that your DH can remain in the home for life, while also remaining liable for all bills etc.
I am not a lawyer but disagree with pp who suggests you could only inherit 25% - as someone who has been an executor in Scotland now twice, the rule as explained to me was 1/3 of the moveable balance ( bank accounts) had to be split between all children - so each of your DH children’s in this case would get 1/9th of DH cash basically.

DH and I have mirror wills and no children, but I am looking into ensuring that , if I go first, my nieces & nephews are not disinherited in favour of DH’s side. And he will do the same. So mirrored with caveats.

The 25% thing is incorrect
The problem with mirror Wills is that the survivor can change their Will
To make sure eg your children inherit if you die first you would need to put your assets in trust

Yes, all legal wills drawn up with a solicitor and we did mirror wills so we both inherit all money dependent on who goes first.

That was back in 2012 so sounds like the law has changed in Scotland since then.

We're not talking huge sums here and no objection to step sons getting something but I'd like to know what in advance and be prepared.

The Law on legal rights has not changed since. then
There was a consultation on extending legal rights to heritable property but it did not go ahead

How can you possibly know whether the older two kids “deserve” the same as their joint child together? They could be estranged, they could have already inherited millions from their mother, they could be horrible to their Dad, not saying they are just that you can’t know what they deserve.

If it's your money then have it in your name, problem solved. The house isn't affected but he can't disinherit his kids from other assets to favour his second + wife basically, they should bring this in in England too!

Figure out between you where you want your money to go once you're both gone, and what you want to happen when only one of you is alive, and then go to a solicitor to make sure that's what will happen.

You're married and your assets are in joint accounts so you need to let go of the idea that they're somehow more yours (and your DS's) because you were the higher earner. Generations of women would've been screwed over if that were the case!

I agree with this.

If OP ends up being last man standing, it would be completely fair if she left all of her share to her child and then her husband's share between his children.

She doesn't have to give less to her child to make up for the fact that her husband decided to have more than one child.

I don't believe the Scottish law of automatic child inheritance should be bought into England. I know someone who cut off her mother for the most trivial of arguments 20 years ago and stopped her dcs from seeing her too.

Mother has now disinherited her. Should she really be unable to do this?

Yes if you don't want your kids to have it spend it

Of course they don’t - his kids have their own mother to inherit from.

Sounds like you want to have your cake and eat it: putting cash into his name for ISA/income tax benefits, but not wanting it to go to his kids. You've got to choose which is more important to you.

Seek legal advice; actually sometimes it is better to gift some things before you die and not rely on a Will that can be challenged.