Bequeath small amount to children to avoid legal challenges to Will ?

[K. Serah]

I have left my wife my entire estate, and she has left hers to me.
if we die ‘simultaneously’ our estates will be divided between my adult children from first marriage and wifes family.( albeit we are both not worried if this didnt happen)
My children are not happy with this, and say they would contest...they are quite aggressive
Am worried they will make my second wife of 40 years life a misery, so should i cave in them and leave them something? Would this help or would it make no difference?
I feel like i am being blackmailed.

[EnglandPi]

You are perfectly entitled to leave your estate to whoever you wish without undue influence.

Talk is cheap, contesting a will is not.

[K. Serah]

Thanks for the reply. I had not considered the costs involved. It is not the case that my wife and i have cut them our family out completely, but after a lifetime together we want each other to benefit first. They seem to be intent on making life difficult for my wife if i go first, thats why i wondered whether leaving them a small sum would make an attempt to successfully challenge less likely.

[EnglandPi]

I'm sure in hindsight you will agree your mistake was discussing your will before the event. Contesting a will is a complex matter and the costs could well be more than the value of the estate.

[ostell]

I'm sure if they tried to take support from your wife then no court would support them in their action.

[des8]

Believe it or not, but you cannot die simultaneously! In law one always passes before the other!
The Commorientes Rule assumes that where a couple die at the same time and their order of death cannot be ascertained. that the deaths occurred in order of seniority, so that the eldest is deemed to have died first and the youngest last.

If your children are threatening to make a claim (under the Inheritance (provision for Family and dependants) Act 1975
they will need to show their dependence on you for their maintenance and be able to plead poverty.

I would turn it round and tell them that the wills were going to be amended to include a forfeiture clause cutting them out completely if they were to contest either will.

[K. Serah]

Believe it or not, but you cannot die simultaneously! In law one always passes before the other!
The Commorientes Rule assumes that where a couple die at the same time and their order of death cannot be ascertained. that the deaths occurred in order of seniority, so that the eldest is deemed to have died first and the youngest last.

If your children are threatening to make a claim (under the Inheritance (provision for Family and dependants) Act 1975
they will need to show their dependence on you for their maintenance and be able to plead poverty.

I would turn it round and tell them that the wills were going to be amended to include a forfeiture clause cutting them out completely if they were to contest either will.

Oh my goodness, what a fabulous idea. Thankyou very much for the information and the advice. I very much appreciated. Its been worrying me sick. I am 82 and too old for all these kinds of threats and troubles. Thanks again.