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A will question - UPDATED I NOW HAVE ONE!

24

Comments

  • Mr_Toad
    Mr_Toad Posts: 2,462 Forumite
    It doesn't have to be complicated but it does have to be very specific so there are no loopholes that can be challenged by the unscrupulous.

    My parents wills are short and sweet and watertight.

    Each leaves everything to the other or if the spouse is dead then to me and then to my children if I'm dead and so on.
    One by one the penguins are slowly stealing my sanity.
  • There's nothing wrong with thinking about these scenarios and not, it isn't being morbid it's being financially aware and protecting your daughter.

    We have recently made wills as we have a similar situation to you in respect of my daughter Oh's step daughter.

    Whilst I know that we have different laws over here but......

    we were told that if we were to both die in an accident and it couldn't be proven who died first, then Oh would have been deemed to have died first as he is the oldest.

    As for what we have said, everything passes to my daughter upon our death (ie if I die first then his will passes everything to her) he didn't want his family to get anything.

    I have death in service and I have left that split between the two of them, also when my pension pays out, they ahve said that they would follow my DIS wishes, so that money is split. At least that way, she will have her own money should OH change his will post my death.

    Also, everything is put in trust for her until she is 25 therefore, although my dd may have to go and live with him and the step witch, they couldn't raid her money apart from to make requests for living expenses.

    Do it, if only for your own peace of mind
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Mr_Toad wrote: »
    It doesn't have to be complicated but it does have to be very specific so there are no loopholes that can be challenged by the unscrupulous.

    My parents wills are short and sweet and watertight.

    Each leaves everything to the other or if the spouse is dead then to me and then to my children if I'm dead and so on.

    Would be perfect for us if OH was DD biological dad.

    OH doesn't mind dying without a will, he says I have my house and so will be ok, but since I have the scenario of us both dying I'm somewhat panicked now. I even have the image of us both in his van so I'm point blank refusing to get in it until MY watertight will is in place :rotfl:
    Forty and fabulous, well that's what my cards say....
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    74jax wrote: »
    I've always had a will and made provisions for DD but since getting married its one of those things I haven't done

    Future-proof the will to some extent by including what would happen to your estate if your daughter predeceased you but had children of her own and if she predeceased you without leaving issue - who would then get your money?
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Mojisola wrote: »
    Future-proof the will to some extent by including what would happen to your estate if your daughter predeceased you but had children of her own and if she predeceased you without leaving issue - who would then get your money?

    Thank you for that, hadn't even entered my head......... I think I need to lie down to cope :rotfl:

    I had thought of updating the will when she moved out and becomes dependant in her own right, however judging by its taken me 8 months since getting married to make one, I think I should do as you suggested at the start.
    Forty and fabulous, well that's what my cards say....
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    74jax wrote: »
    Thank you for that, hadn't even entered my head......... I think I need to lie down to cope :rotfl:

    .
    No you don't ;) You need to see a solicitor ASAP becuase that's the sort of bog standard stuff they go through with a willmaker as a matter of course.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 9 February 2014 at 2:02PM
    Errata wrote: »
    No you don't ;) You need to see a solicitor ASAP becuase that's the sort of bog standard stuff they go through with a willmaker as a matter of course.

    I hope so. I hope he throws scenarios at me and everythings gets covered.

    The hardest thing I had to do before marriage was what if DD and I die together, there's so much more now .........
    Forty and fabulous, well that's what my cards say....
  • DigForVictory
    DigForVictory Posts: 12,093 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A solicitor will march you through all the traditional branches & sort you a Will to provide you with all the reassurance you need this month.

    Don't stress yourself or your husband with "what if"s though - even if you do get swiped into eternity by an artic, better to die happy *together* than loose one with the other terrified by chance?
  • Contact a solicitor tomorrow and make an appointment ASAP and get it done!
  • Hi,
    74jax wrote: »
    Neither of us has wills..... I know! I promise I will sort this, I did have until I married.

    so what happened to that will?

    Did you revoke it, has a solicitor still got a copy of it?

    It may still be your last will and testament, but you will need a new one anyway.
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