Free and Cheap Wills discussion area

msw201

Hello.

I would be grateful if someone could offer me advice on the best way to make sure my wishes are followed as I want them to be. I have read a lot of this thread and it seems it can be difficult to make sure things actually turn out the way one intends them to.

I live with my partner but we are not married. We each have a child, both children are adults and do not live with us. The house is in my name and I own it outright having just redeemed the mortgage with the proceeds of an endowment plan. The house is my main asset and is the thing I would like advice about. My partner needs to make her own will but I wondered if inheritance of the house could be dealt with through my will.

This is what I/we want to achieve:

If I die before my partner, I want her to have the house to either live in, or to be able to sell it and with the proceeds buy another property of her choosing and live there. Upon her death we want the property to pass to my child (if he is still alive) and not to hers, as I think it would if we didn't make any other provision. I am aware that it would be a good idea to also state who should inherit my house (and other assets) if both my child and my partner die before me, and who shall be executor.

Is it possible to achieve this with the correct structure and wording of my will? If not, what would need to be done to make sure it happens as stated?

Thanks.

Mojisola

msw201 wrote: »

If I die before my partner, I want her to have the house to either live in, or to be able to sell it and with the proceeds buy another property of her choosing and live there.

Upon her death we want the property to pass to my child (if he is still alive) and not to hers

Your will should give your partner a life interest in the property (she will have use of it but not actually own it) and, on her death or when she no longer needs the house, it will be inherited by your child.

You need to see an experienced solicitor to write the will.

msw201

Mojisola wrote: »

Your will should give your partner a life interest in the property (she will have use of it but not actually own it) and, on her death or when she no longer needs the house, it will be inherited by your child.

Thank you very much.

Mojisola wrote: »

You need to see an experienced solicitor to write the will.

I think I have read that whilst some solicitors are trained in will writing, some are not, and may be more likely to make mistakes because of this. Is there some qualification I could ask to see that would verify they have the right training to write wills acurately, or am I mistaken in this and all solicitors are trained in will writing?

And which would be better to employ, a solicitor with the corrrect training or a qualified will writer?

Savvy_Sue

msw201 wrote: »

I think I have read that whilst some solicitors are trained in will writing, some are not, and may be more likely to make mistakes because of this. Is there some qualification I could ask to see that would verify they have the right training to write wills acurately, or am I mistaken in this and all solicitors are trained in will writing?

Look for a STEP qualified solicitor. All solicitors cover will writing in their initial training, but they also cover every other kind of law as well, so finding one who specialises in this area makes a lot more sense than finding eg a criminal law specialist or one who's done no update on their training in this area since they qualified.

msw201 wrote: »

And which would be better to employ, a solicitor with the corrrect training or a qualified will writer?

I think you'd be hard pressed to establish what 'qualifies' a will writer. If it all turned out to be disastrous, you've got no comeback on anyone but a solicitor. So IMO solicitor every time ...

msw201

Savvy_Sue wrote: »

Look for a STEP qualified solicitor. All solicitors cover will writing in their initial training, but they also cover every other kind of law as well, so finding one who specialises in this area makes a lot more sense than finding eg a criminal law specialist or one who's done no update on their training in this area since they qualified.

OK, that makes sense.

I think you'd be hard pressed to establish what 'qualifies' a will writer. If it all turned out to be disastrous, you've got no comeback on anyone but a solicitor. So IMO solicitor every time ...

Ah, well that seems a good reason to go for a solicitor then.

Thanks a lot.

G6JNS

msw201 wrote: »

Ah, well that seems a good reason to go for a solicitor then.

Thanks a lot.

Unless you are thinking of setting up trusts in your will then there is normally no need for a STEP specialist. Certainly avoid non solicitor will writers in any circumstances.

FreeBear

Savvy_Sue wrote: »

Look for a STEP qualified solicitor. All solicitors cover will writing in their initial training, but they also cover every other kind of law as well, so finding one who specialises in this area makes a lot more sense than finding eg a criminal law specialist or one who's done no update on their training in this area since they qualified.

I would concur with this. A decent solicitor should be conversant with recent case law and be able to make recommendations accordingly/ Also don't be afraid to ask for any passages to be rewritten if you do not understand the wording - I recently executed my will and asked for a rewrite on the basis that if I didn't understand a particular paragraph, how could I expect the executors to.

Savvy_Sue

G6JNS wrote: »

Unless you are thinking of setting up trusts in your will then there is normally no need for a STEP specialist.

Yup, you're right, but it seems to me from what msw was saying that a trust would be needed.

msw201

Thanks for the further replies.

So is a 'life interest', a trust?

G6JNS

msw201 wrote: »

Thanks for the further replies.

So is a 'life interest', a trust?

Not in the sense that bit needs to be set up. It is automatically created by the will.