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)

[bunty39]

Thankyou Tonywiltshire and Ladybirder, I only just came back to my question and noticed your answers. I didn't think that being a step son would disallow his inheritance but what I was still concerned about was whether my husband should mention in the will that he was in fact a stepson., not to do anything illegal, but just I would rather he didn't have to differentiate.

[tonywiltshire]

There is no need to mention he is a stepson Bunty but if you prefer your husband to mention it there is no harm.
The important thing is if you make your own Wills make sure they are clear.

There was, some years ago, a case where the testator had written “I leave everything to Mother” quite clear you may think the only problem was he referred to his Wife as Mother, I understand it ended up in the high court.

[FredPuli43]

Yes Tony,your case was on the shortest will admitted to probate here; it read simply "All to Mother" and it did get to court. The court held that the testator intended his property to pass to his wife because there was clear evidence that he was in the habit of referring to his wife as "mother", she being the mother of his children, and it was manifestly unlikely that he intended to disinherit her, with whom he was happily cohabitng. leaving her with nothing, in favour of his mother.
I think we can take it that wife and mother-in-law were not on the best of terms!
A cautionary tale for all who write wills.