Will - unusual/usual clause??

no1catman

Mojisola wrote: »

In England and Wales, the Testator has the right to leave his/her money and possessions to whoever he/she wants.

Someone's estate isn't like means-tested benefits that go to whoever needs it most. Maybe the Testator would really like to leave something to 'a' and 'b' but doesn't feel there is enough to leave so has compromised by deciding that if 'x' dies first, the other two can share the gift?

Point 1: Yes I agree, just trying to understand the reasoning and how 'standard' it is.

Point 2: yes feasible, but not in this case - both 'a' & 'b' spouses were provided for and their children. Granted there was 'history' between 'x's' partner and the deceased - so no inclusion (though 'x' could think a "does 'x' have a partner y/n" clause - would be appropriate); just seems almost vindictive - unless as said earlier - just in case of result of 'wild oats sown earlier suddenly making an appearance!!

Mojisola

no1catman wrote: »

just seems almost vindictive -

Don't dismiss this as an explanation! Some people do use their will as their last chance to get back at people.

no1catman

Mojisola wrote: »

Don't dismiss this as an explanation! Some people do use their will as their last chance to get back at people.

Yes, but I'm not sure who the 'some people' are - the deceased or via undue influence from 'a' and 'b' !!

no1catman

The next quandary, is sorting out a will for myself and partner!
If I suddenly die, it all goes to 'A' & 'B' !!

But who to choose for an executor? Was thinking of a Nephew, now not so sure. But solicitors will charge a small fortune to do the Will let alone be an 'Executor'!!

floss2

no1catman wrote: »

The next quandary, is sorting out a will for myself and partner!
If I suddenly die, it all goes to 'A' & 'B' !!

It doesn't have to go to your family - it can go to whoever YOU want it to - whether that be the RSPCA, the local donkey sanctuary or your next-door-neighbour's dog. Although the latter may be a little complicated

Seriously, you could leave it to your neices & nephews and bypass your siblings on the grounds that the next generation need it more than they do.

Or you could be really difficult, not make a will at all and let them sort it all out after you've gone

As to executors, why not have a couple of over-18 nieces / nephews? Or a close friend?

no1catman

floss2 wrote: »

It doesn't have to go to your family - it can go to whoever YOU want it to - whether that be the RSPCA, the local donkey sanctuary or your next-door-neighbour's dog. Although the latter may be a little complicated
Seriously, you could leave it to your neices & nephews and bypass your siblings on the grounds that the next generation need it more than they do.
Or you could be really difficult, not make a will at all and let them sort it all out after you've gone
As to executors, why not have a couple of over-18 nieces / nephews? Or a close friend?

Well yes I know it can go where I want to. That is my Partner, otherwise probably Cat Protection (with my username whereelse) and WWF. Nephews & Nieces are ok, may opt for a cousins children or partner's nieces.
The point being that I have to do a Will first!