step son entitlement

[bunty39]

my husband and I intend to make mirror wills. We have three children, all adults.
The oldest son is mine and was born before I met my husband. Although we have lived as a family for 46 years my husband never legally adopted my son. How does my husband ensure that my son inherits the same share as our other two sons. I would appreciate any knowledge that anyone has on this subject.
thank you
bunty 39
We intend a very simple will under scots law. ( if that's not a contradiction in terms)

[albaqwerty]

I'm no legal beagle but I would think if the 3 young men were each individually named there wouldn't be a problem.

[bunty39]

Thankyou albaqwerty, I would think along these lines too, but I wonder if my husband, in his mirror will, would have to refer to my son as his step son. What do you think?

[EvianBaby]

Would it not just be as simple as saying everything should be divided equally between the three named people?

[albaqwerty]

Evian, said better than me :-) Agreed, each named son gets a third.

[EvianBaby]

:) What I know about wills you could write on the back of a stamp and still have space but I would have thought that would be the simplest way. I would think you would have to actually name beneficiaries anyway (rather than just referring to them as sons or daughters).

[bunty39]

You mean not mentioning that one of the named sons is a step son? just saying his three sons?

[EvianBaby]

Yup. I shouldnt' think the relationship matters at all.

[albaqwerty]

Yes. Just their full given names, eg

Michael Wilson Smith
Jonathan David Kennedy
William Jason Kennedy

If your son has taken his father's name then something like
Michael Wilson Smith aka Kennedy.

Just double check with your lawyer. I hope it's a heckuva long time away when the Will will be discussed anyway.

[albaqwerty]

doh not his father's name, your married name.

[bunty39]

thankyou all. you've made sense to this bundle of anxiety. Now i'm worried about who has given the best answer. see what I mean

[albaqwerty]

If you must, hand the baton to Evian. She's a very nice young lady. I can be a grumpy old one :-)

[EvianBaby]

Ha ha, you're joking Alba! I'm known as the Grumpy Young Woman. Lol.

We'll share it. :)

[albaqwerty]

Thanks Evian, you are a nice young grumpy woman xx !!

[bednobs]

bear in mind that if your wills leave everything to each other, or if you both die together, the boys that if you die forst, he could just change his will to leave it to who he likes

[bunty39]

Hi bednobs, thank you for your contribution. I know my other two sons would not allow that to happen., alternatively, I'll just have to make sure he goes first. Can't believe I just said that!!

[bednobs]

lol. The problem is of course, there are a lot of variables after one of you dies - the other one could re marry and leave it all to their new partner, or their new partners 10 kids!

[albaqwerty]

bunty, there are ways....
This is AB after all :-)

[bunty39]

ENOUGH!! you lot.

[tonywiltshire]

Under English law just make sure your Will is easy to understand, correct and easy to find, those that witness the Will should not be beneficiaries, this will not invalidate the Will but it will invalidate the legacy, make sure the executors know they are executors (& probably beneficiaries). Name the three sons and put their current address, it will not matter if this changes but does help identification, it will also not matter if one is a stepson.
Remember, as bedknobs says, the survivor can change their will. If you are in any doubt consult a local solicitor.

[ladybirder]

I've just dome mine and you also have to put their ages at the time of writing.