Will not signed

newtownmadras

When my dad died we discovered that he had not signed his will. He left a wife and 6 adult children. In the will he left everything to his wife and we, the children, are happy with this. How do we make this will legally binding in order to avoid any complications that may arise in the event of her death? Would all of us have to sign something to show our agreeance to this?

Paparika

wouldn't it be half for the spouse and half to be divided between children?


I could of course be very wrong

Emma37

Paparika wrote: »

wouldn't it be half for the spouse and half to be divided between children?


I could of course be very wrong

My opinion is that a will unsigned will be void. I hope someone comes along with the figures, but I'm sure the first so many thousand pounds goes to the wife. Remaining money will go to the children.

Mojisola

My aunt and uncle checked their wills which were being held by the soliciter and found that they had signed each other's wills. They had been given them to sign in the soliciter's office and hadn't checked that the man had handed them the right ones.

Although they were mirror wills, the soliciter confirmed that the wills would not have been valid. They were lucky that neither had died before the mistake was discovered.

aimex

isnt it something like first £125,000 to W and then remainder to children equally?

McKneff

i believe your right aimex

Alikay

aimex wrote: »

isnt it something like first £125,000 to W and then remainder to children equally?

I also believe that if the house is owned as joint tenants it's value doesnt count towards that 125k either, as it is jointly owned by them both rather than half each.

Nicki

An unsigned will is not valid. However I believe that it is possible for recipients of assets on an intestacy to agree to a variation of the settlement. It's certainly possible to do this with a will. This helps with IHT and other matters. This should be a really simple thing for a solicitor to advise on, and very cheap to sort out. I'd ask a local probate solicitor for some advise about this.

spamalot

I don't wish to play down the support given by posters on this forum because it really is helpful to a lot of people, but IMHO I would not be seeking advice/opinions about legal matters on an online forum, it can easily lead you down the wrong path. Instead as another poster suggested I would contact a solicitor and get some professional advice. That way you know exactly where you stand.

Mojisola

Here's the rules -
https://www.uk-wills.net/intestacy-laws-england-and-wales/

Alikay has a good point about the house - that might not be counted as part of the estate.

sloughflint

spamalot wrote: »

I don't wish to play down the support given by posters on this forum because it really is helpful to a lot of people, but IMHO I would not be seeking advice/opinions about legal matters on an online forum, it can easily lead you down the wrong path. Instead as another poster suggested I would contact a solicitor and get some professional advice. That way you know exactly where you stand.

Your post made me laugh. You clearly haven't read this currently ongoing thread over on Silver savers:
http://forums.moneysavingexpert.com/showthread.html?t=1120993
Pretty good example of opinion about legal matter on an online forum over professional advice being beneficial to OP-to the tune of £120 000.

In seriousness though, anything posted on a forum on any topic( not necessarily legal) should not be taken as gospel.