Free and Cheap Wills discussion area

Yorkshireman99

Mojisola wrote: »

I don't think that's the way they look at it.

If there wasn't a good reason for giving away such a lot of money, the council will argue that it was done in order to claim benefits should the need ever arise.

Although not many older people do end up in residential care, we all know it's a possibility and shouldn't give away capital that we may need for ourselves.

How the local authority look at it, and the law are two different things! If someone is in good health when they make the donation then there is a good case for it not being deprivation certainly after three years.

Keep_pedalling

Regardless of the DOA issue, no one should ever give all there major assets away leaving nothing for emergencies, and leaving them with very little choice if care is required later in life.

JimmyTheWig

Keep_pedalling wrote: »

30 is simply bonkers, and AFAIK impossible to enforce.

I don't think it's bonkers.
Personally I'd go further than that and want the money to go into their pension.

If they get (half-) siblings after the will has been distributed, it seems most unfair to me that some of them would get money at 18 and others wouldn't.

JimmyTheWig

Can children make a will?
And/or can parents make a will for them?

For the sake of argument, lets assume that my will states...
* Everything to my wife
* Everything split equally between our children if my wife is no longer alive
* Everything to the local cats home if my wife and our children are no longer alive

Lets say everything goes to one child on the above basis.
70 years later they die. I obviously wouldn't expect any of "my" money to go to the cats home, as it's in no way my money any more.

But what if a car accident wipes us all out other than one child who is left in a coma. Everything goes to that child. They then die.
Does the cats home get anything?
Or do the rules of intestate come into play?

Yorkshireman99

JimmyTheWig wrote: »

Can children make a will?
And/or can parents make a will for them?

For the sake of argument, lets assume that my will states...
* Everything to my wife
* Everything split equally between our children if my wife is no longer alive
* Everything to the local cats home if my wife and our children are no longer alive

Lets say everything goes to one child on the above basis.
70 years later they die. I obviously wouldn't expect any of "my" money to go to the cats home, as it's in no way my money any more.

But what if a car accident wipes us all out other than one child who is left in a coma. Everything goes to that child. They then die.
Does the cats home get anything?
Or do the rules of intestate come into play?

Children can't normally make a will. Googling will tell you more. If it is not possible to tell who died first in an accident then the eldest is deemed to have died first and so on in sequence with inheritance one by one. Intestacy rules would apply. A properly written will should say what is to happen in such circumstances. Often a clause will say that to inherit someone must survive 28 days after the first death to inherit.

JimmyTheWig

Yorkshireman99 wrote: »

Children can't normally make a will. Googling will tell you more.

That's what it seemed like Google was telling me. Though that didn't give an answer to my scenario above, which made me think that I'd missed something.

If it is not possible to tell who died first in an accident then the eldest is deemed to have died first and so on in sequence with inheritance one by one.

That's interesting. So even if we all died at the same time the cats home would get nothing unless my will contained a clause like you mention below.

Intestacy rules would apply. A properly written will should say what is to happen in such circumstances. Often a clause will say that to inherit someone must survive 28 days after the first death to inherit.

I see. That's a brilliant idea.

Thanks.

Yorkshireman99

JimmyTheWig wrote: »

That's what it seemed like Google was telling me. Though that didn't give an answer to my scenario above, which made me think that I'd missed something.


That's interesting. So even if we all died at the same time the cats home would get nothing unless my will contained a clause like you mention below.


I see. That's a brilliant idea.

Thanks.

If you have not already done so make a will as a matter of urgency and make sure your partner/spouse does as well using a solicitor. Avoid will writers like the plague. You need to review your will very five years or so as circumstances change.

Brighty

JimmyTheWig wrote: »

Can children make a will?
And/or can parents make a will for them?

For the sake of argument, lets assume that my will states...
* Everything to my wife
* Everything split equally between our children if my wife is no longer alive
* Everything to the local cats home if my wife and our children are no longer alive

Lets say everything goes to one child on the above basis.
70 years later they die. I obviously wouldn't expect any of "my" money to go to the cats home, as it's in no way my money any more.

But what if a car accident wipes us all out other than one child who is left in a coma. Everything goes to that child. They then die.
Does the cats home get anything?
Or do the rules of intestate come into play?

Wouldn't go to cats home, everything would go to the last child, then when they die, without a will, rules of intestacy kick in, so assuming no other siblings, half siblings etc, it would all go to the grandparents (you and the wifes parents), if they're already dead, then it would go to any aunts/uncles (you and the wifes siblings) or if deceased, their kids (your kids cousins), if no aunties/uncles/cousins, then it all goes to the crown.

Brighty

mickym

Hi

My father is terminally ill, and he and my mother have asked me to arrange a will for them.

Its is a pretty basic arrangement they wanted.

If either of them pass away, everything goes to the surviving spouse. (They own their own house)

If they both pass away all assets are divided equally between their 4 children. Its then upto those 4 children to do whatever they want with regards passing it onto the grand children.

I have gone through the Which online Will maker process and have everything ready to process.

However I have read recently that it is possible to have a Will made so that if my mother or father passed away, rather than all the assets/house going to the surviving member, the one half of the house owned by the now deceased, could be passed onto the children, so:

Surviving Mother / Father = 50% Ownership
Son 1 = 12.5% Ownership
Son 2 = 12.5% Ownership
Daughter 1 = 12.5% Ownership
Daughter 2 = 12.5% Ownership


This would mean should the surviving father / mother need to pay for care costs in the future, they wouldnt have to sell their house to pay for it.


Is this correct, and any idea what a Will like this is called?

Is this something I would need a solicitor to write up or can it be done online too?

Thanks

Biggles

mickym wrote: »

This would mean should the surviving father / mother need to pay for care costs in the future, they wouldnt have to sell their house to pay for it.

If they're in a care home, what else would they do with their empty house? I'd rather be able to sell my house and choose a comfy care home than be thrust in one of the local council's choosing.