Will help

nikkiuk

removed for personal reasons.

RAS

Hi

Can you talk to the hospital chaplain? A good one will find a way of suggesting that he needs to make a will "in case" or even help telling him so that he can do what he needs to do.

Do take advice however as to whether his ex can still claim even if he leaves a will. It may be better to give what he wants to the children whilst he is alive.

whitewing

How do you expect to get him to make a will without telling him that there is a possibility that he may die soon? I think your intentions are entirely honourable, btw. But I wonder if it could be argued that the will is invalid because he made it not knowing his prognosis, especially if he is not seeing a solicitor.

System

I know you can make a will at any time but the key here is that he has to be 'of sound mind'. You will need the doctors agreement that he is of sound mind in case your uncles ex tries to overturn the will.

Obviously if the poor man is dosed up on morphine, it might make a difference to the outcome.

Seanymph

I find 'protecting' adults by lying to them a strange choice to make.

Why is it not suitable for this gentleman to be told that his illness is very severe, and to be asked if he wishes to make a will?

System

Seanymph wrote: »

Why is it not suitable for this gentleman to be told that his illness is very severe, and to be asked if he wishes to make a will?

Excellent choice of words. If he wants to know the severity of his illness he will ask. If he doesnt, he wont.

nikkiuk

removed for personal reasons

Seanymph

I think you will find the wife will get it if nothing is done.

I find it strange that you are all concerned enough to be talking about him and planning what you think he may want, but no one wants to talk to him.

Ask him what his wishes are - and facilitate him making a will so they can be carried out 'if the worse happens'.

For the entire family to be involving themself in what will happen to his legacy and expressing opinions without sitting and quietly asking him seems very strange to me.

Someone needs to ask him what he wants to happen, and if he has that in hand, or if he needs to arrange anything.

Dignity in death is very important, and offering dignity to someone takes a special strength I know - but someone in your family must have that strength.

Otherwise you are right, the estranged wife will inherit. But it shouldn't be about 'protecting the children' but 'enabling your uncle'.

Your last statement is;

for solicitors just because we want to maximise the amount of money left to his children.

it doesn't matter what you want - it matters what HE wants.

NAR

Ok without a will his wife will receive anything under £250k, over that the children could claim a share.
I would be suprised if he doesn't know he is seriously ill, so getting him to make a will "just in case anything happens" might be easier than you think.
A DIY will, providing it it is clearly and concisely worded may suffice, provided (as said above) a Dr confirms that he is in a mental state to sign it. So obviously the sooner it is done the better.

nikkiuk

removed for personal reasons.

Melonade

A DIY will should be fine. My Nan recently passed away and she left a DIY will she bought from the post office. The witnesses were my Dad and her close friend. This has been good enough to close bank accounts as thats what I've been doing for most of last week

I'm very sorry your uncle isn't well, I hope you can get the will sorted though. It's a tough time dealing with stuff like this.