Being Fair to Step Children is a problem our Estate Planning Department wrestles with most days, trying to help clients be as fair as possible when creating Estate Plans including Wills and Lasting Powers of Attorney as well as Trusts and Inheritance Tax Planning. In a lot of cases, the children of the first person to die inherit nothing, as the survivor remarries and leaves everything to their new spouse.  Legal Planning is an ongoing process, facilitated by being a member of the Peace of Mind Service.        Go here for more on Probate Disputes.

But back to the question: Being Fair to Step Children

Question: My wife died intestate earlier this year.We jointly owned the property with both names being on the title deeds.  I am being pressurised by my step-sons to alter the title deeds of the house via a deed of variation to reflect that my 2 step-sons will inherit their fathers share of my house upon my death.I have included this instruction in my will but this appears not to be satisfactory.  My wife’s estate was worth less than £250,000 and I have therefore inherited everything.  I am not happy about altering the title deeds of my house-I am in poor health and I need security for the remainder of my life.Can you tell me what my rights are please?  My own solicitor seems out of her depth with this issue.

How to be Fair to Step Children – reply.

It is not you who are short of rights, but the other side who have none.None at all, unless your wife was still supporting the sons, in which case they may well have a claim under the Inheritance (Provision for Family & Dependents) Act 1975 as updated in 2014.If you do what they say, you will create an unnecessary tax bill for the daughters and be beholden to them for the rest of you life, and subject to their divorces or other financial issues potentially making you homeless. However, it is reasonable to argue that some provision ought to be made for step children – it often is not and gives rise to massive amounts of bitterness.But in this particular case, there is a solution which protects your interests and theirs pretty much 100%, apart from a couple of issues which may or may not be of concern to you. It is better for everyone, especially you. And the sons will not be creating an unnecessary tax bill.Give me a ring and I will go through the issues with you.The cost is more than for a straightforward  Deed of Variation, but (on the face of it) a simpleDeed of Variation would seem to be bad for everyone!Stop worrying! It is possible to be fair to step children without creating problems.Best wishes,Steve

For anyone involved in serious family research for personal or business reasons there is often that hard to trace person who just cannot seem to be found.Professional probate researcher Tracey Sedgewick was constantly faced with this dilemma when researching intestate cases held with HM Treasury Solicitor and decided to do something about the enigma.

HHA People Trace.

Tracey approached Maurice Clarke of the Heir Hunters Association (HHA) with the idea and together HHA People Trace was formed using a sophisticated bank of databases to cross reference, often sparse information on the subject being sought.

Question: Is the Will valid?

The name on the Will is not the full name.

I wonder if you can help with this problem.  My best friend died recently, leaving no husband but a 9 year old son, and naming myself and her father as executors.   We’ve found 2 wills – the first properly signed and witnessed, but only having her first but not middle name.  The second is word for word the same but has her middle name on it, however is not signed.  The will company she dealt with have told us that she sent the second one back to them, but they can’t find a copy.  Are we correct in thinking that she has unintentionally died intestate and that while her father, as next of kin, can act as executor, I cannot?I understand (I think) that if all concerned agree, then the terms of her will could be followed, irrespective of whether it was technically correct, but her son is not old enough to make this decision.  Can anyone else make this decision on his behalf?  Myself and her brother are expecting to be trustees for any inheritance for him until he reaches majority.AnswerMissing out a middle name is untidy but not  necessarily disastrous so the first will should be fine, however you may have problems with the banks so it would be better to get the executors to obtain a sworn statement in front of a solicitor, commissioner of oaths as to the full and correct name being the same person as the person in the Will .  If in doubt take it to the Probate Registry for an opinion.   You can find the local one on our siteGood luck!

Is the Will valid?

 Probate disputes.

Thanks for your last tip re getting someone who ‘alleges’ ownership of something, loaned to the person who has just died, supplying proof.Can you email me –as indicated in your “what to do when someone dies” your brief guide to the Rules or ‘pecking order’ as I believe you call Intestacy. The reason I ask is my brother has raised a question I am not able definitely to answer. The brother in question (i.e not the one who has died intestate) is a bachelor- no wife or offspring, dependants of any kind -no parents, Grandparents nor Uncles and Aunts. He is in his eighties and will be one of the beneficiaries of his younger brother (i.e the one who did pass on without making any will). He would like to know what happens to his ‘share’ from the estate of the younger brother, if he also suddenly died. Would that ‘share’ from the younger brother, still pass to the older brother’s estate (because the older brother HAS made a will) or would it revert to the remaining “original” beneficiaries, now less one of course, warranting an even bigger share for those who remain.Many thanks again for your help and best regards.

Probate Answer on Intestacy

When someone dies intestate, the Rules of Intestacy fix the shares of any beneficiaries under intestacy at the date of death.  Therefore, if the younger died one day, the relevant share would belong to the older for tax and distribution purposes even if he died the next day.Whilst the beneficiary is still alive, a deed of variation can be written (if he so wishes) to pass the share to other people if he doesn’t wish to inherit. Is your legal Planning up to speed – see attached!Peter

Intestate Rules for England and Wales  More on Probate Disputes.  Probate Claim Checker.