Writing a WILL with step children involved

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Writing a WILL with step children involved

Postby TGM1974 » Fri Feb 05, 2010 11:43 am

Hope someone can explain some procedures for me ... or even given me some ideas on what to do.

My partner was married for 20 yrs and has 3 children (20, 13 and 11). All divorced and living happily with me along with our 2 yr old son. The house he used to live in with his ex is paid off and he is entitled to half its value when things are sorted.

We are wanting to get a WILL drawn up soon to ensure everything is legal and noted and so his "ex" cant lay claim to anything.

My question is : my partner is talking about putting any money he receives from his old property off the mortgage we hold together. Lets just say this is £100k. This will leave approx £30k to pay off. What I am interested in knowing is if we died, or he did first, what is the split in property between all the children. From what my partner is saying is that he would like something documented to ensure all the children benefit from the proceeds of the house when I die. The children would be named as it being their house but would not be able to throw me out, etc. Only when I die. He said this is to ensure noone loses out if I was to meet anyone else if he died first - this is something that wont be happening which is a little upsetting. Anyway, his 3 children from his previous marriage will obviously get whatever is left to them from their mother at some point but when it comes to our home would my son get more of a percentage of the house value compared to the step children. I dont wish this to sound underhanded in any way but I feel my son should get more of a share as the other kids will benefit twice ... this probably shouldnt come into it but am I wrong??

HELP!
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Re: Writing a WILL with step children involved

Postby Bel Bel » Fri Feb 05, 2010 2:09 pm

The law is that your husband or wife will inherit everything if their partner dies.
Dying without a will is often more complicated than dying with one so I would suggest you get one
If he dies first and leaves everything to you then of course if he wants to leave stuff to the kids, but not until you die, he will need to involve a solicitor as it will get complicated and there will need to be things left in trust
Although until he actually has his share of the ex's house I think it will all be a bit more complicated to write the will now

I am married and have a daughter but she isn't my husbands. I have had to stipulate in the will what my husband and daughter get in the way of their share of the house and that my daughter cannot have her share until 21 and that the house cannot be sold without either of their agreement but not before my daughter is 21.

I think you need to write down what you want to achieve from the will and then consult a solicitor

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