A will question - UPDATED I NOW HAVE ONE!

Spendless

[Deleted User] wrote:

Hi,



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.

Marriage will have revoked that will

http://www.bpe.co.uk/personal-legal-services/articles-a-publications/456-the-effect-on-wills-of-marriage-and-divorce

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.

This is right. That's what happened when my Grandmother made her will. It is split between my Mum, me and my sister and then goes through where the money goes if any of us die before Gran.

Errata

74jax wrote: »

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 .........

Trust me, doing it because you've been diagnosed with a terminal illness - out of the blue - scores top marks for the hardest thing you will ever have to do. Do it now!

getmore4less

https://www.gov.uk/inherits-someone-dies-without-will

Prothet_of_Doom

Also, What does your husband want to happen to his share? If he has no children, would he put some of it in trust to help his step daughter ?

rpc

Torry_Quine wrote: »

I think that if a couple die in the same incident then the oldest is deemed to have died first meaning the youngest would inherit.

In E&W, if the elder is intestate and married to the younger, the youngest is not treated as surviving the elder. If there is a will, then the elder is treated as dieing first. http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12192.htm

In Scotland, the presumption that neither spouse survived the other applies whether there is a will or not. Only if unmarried would there be the assumption that the younger survived the elder. http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12193.htm

Note that this situation only arises if there is no evidence as to order of death. If, for example, one spouse was declared dead at the scene of a car crash and the other died later in hospital then the order is clear even if the difference was only minutes.

74jax

hardpressed wrote: »

Contact a solicitor tomorrow and make an appointment ASAP and get it done!

Apointment is made :T

[Deleted User] wrote:

Hi,
so what happened to that will?
Did you revoke it, has a solicitor still got a copy of it?

No I got married. Up unti lthen I've always had one - even from 18 - and I updated it regularly too as things changed, I just don't know why I never did anything when I got married.

Prothet_of_Doom wrote: »

Also, What does your husband want to happen to his share? If he has no children, would he put some of it in trust to help his step daughter ?

He is happy with no will and it going to his Mum. He says DD will be fine anyway with my money/house going to her etc. I have spoken to him about it, but he doesn't see a need/reason/want to leave her anything.

Obviously if he were to die first I'd get up to £250k or whatever it is, however his 'worth' is far more than that, so that would go to his Mum/sister.

74jax

Just to update you all I now have a crisp clean will signed and witnessed :-) and YES IT DOES FEEL BETTER!

Hubby and I went, the solicitor explained pros-v-cons to hubby, but he said he wanted to think about it.

Yes the solicitor did throw loads of scenarios at me, including me saying I wanted to the leave my house (gave address) to DD and he said so if you move you then disinherit your DD??? So it's worded ANY property I own at death (but in funny legal words....)

I am really much happier and strangely my dreams of both me and hubby dying in a car crash have stopped.......

Hubby is 'thinking' of making a will leaving most to his sister, but really doesn't know. Interestingly at the Sols he said the reason he didn't want to do it was he didn't want to state wife means 50% to me, sister means 30% and nephews mean 20% if you know what I mean. Solicitor was trying to say but if you he doesn't say what/who he want to leave his money too he's leaving it in the hands of the government (in a way) but anyway all that matters is I am much happier and thanks all for reading it.

I will now go and make a smug cuppa :-)

Errata

Congratulations on doing something to ensure the nightmare fairy will no longer bother you. The only thing you have to do now is a yearly review of your will to ensure it's still a good fit as your life develops and circumstances change.
Is it worth pointing out to your OH that if he dies before you and will-less, you will inherit everything and his nephews won't even be 'worth' 20%, they'll be worth nothing to him, IYSWIM.

securityguy

74jax wrote: »

He is happy with no will and it going to his Mum. He says DD will be fine anyway with my money/house going to her etc.

Ah, a man who puts his mother ahead of his children. What a catch he must be.

Mojisola

securityguy wrote: »

Ah, a man who puts his mother ahead of his children.

He's not the child's father.