If you have a forthcoming marriage, then congratulations, but you need to consult a solicitor and discuss the future. You will need to make provision for your wife (and any subsequent children) as well as your other three.
Where are the two younger children living now - with you or with their other parent? Sometimes leaving a property between a family does not always work out as some want to sell and some want to hold on, especially if it is the family home. Either of the other two children could get married in the future so I think it would be unfair to leave your daughter out just because she is getting married shortly. Could you put in a clause that if the house was sold your autistic son would have to be accommodated - perhaps in a smaller house or a flat in the area. All depends on property prices at the time.
Im not sure how I could exclude her husband. Say if i pass away and she inherits 1/3 of my estate then if she died or they divorced thst would be part of their joint assets. That could cause real issues down the road. Similarly leaving 1/3 to her future children could put my own childrens stability at risk.You need to think of guardians for your minor children. Maybe consider creating a trust to be realised at a certain age? Why should older child being married matter? It would be normal to exclude her spouse should she go before him but usual for her share of your estate to go to her children if any. If her marriage failed she might be in need of support down the road.
Even assuming nothing happens to your children, once you leave them the money then it's theirs to do with as they wish. Your daughter for example might decide to spend it all on herself, she might decide to spend it on her kids college education or she might decide to buy her husband a very expensive present! Either way you can't control it at that stage as it's hers.
Not that it's just your daughter that the above applies to, could be your son either, I'd hate to see that old idea that only the sons should inherit the bulk of the estate and the wife's husband will inherit from his side which in theory benefits her. Old and all as that idea is I have seen it within the past few years and it caused untold upset when will contents were revealed!
I wouldn’t worry about controlling your inheritance to your daughter from beyond the grave. When you pass away and she gets her portion then hope that the values you instilled in her as a child will guide her to do what is right for herself and her current family, (husband and potential children).
But now with an impending marriage Im not sure it makes sense to leave my oldest in the will in this way, as then her portion of the house would make up her estate. My main priority is to ensure that my other two children have the house. Maybe split any additional money equally between them.
Anything that I should consider? 16 year old is autistic.
I want to avoid any messy situations down the road, if she's part owner of the house.
My main priority is to ensure my other 2 children have stability.
My aim at minute is to have a will that deals with next few years..
The idea is not that my son will inherit bulk of estate. His younger sister will inherit the same as him. Their needs (as children not yet out of school) differ significantly to the needs of my older daughter
Sarenco is right, you are too obsessed on the house going to your three children equally.I think there might be too much focus on “the” house.
The minor children will obviously need to live somewhere, with an appropriate guardian, but it doesn’t necessarily have to be “the” house.
Absolutely agree. If she had any sense, she would disclaim it.Leaving your oldest daughter 1/3 of your house but expecting her never to use it or sell it is just bananas. There is no point leaving it to her at all and it ties her into paying 1/3 of the costs of home ownership, getting rent from those who live there, becoming a landlord, paying tax, so complicated and a real headache for the rest of her life.
Just reflecting on this further.
Have you considered leaving everything to your ex?
Presumably they will be more concerned than anyone else about the welfare of their children.
Brendan
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