Letter of non provision

Dougalina

Hello

I have recently used a will writing company to help me draw up a will. They have told me that I need to write a letter to explain why I have made no provision for my ex husbands (2).

I have no idea what to write. I have not seen my 1st ex in about 28 years, I don't even know if he is alive, we were only married for 18 months before he ran off with someone else. Can I put that in?

My second husband is the father of my two children, both of whom are now over 18. I split everything with him 50/50 and he did not pay anything towards the upkeep of his kids. That was 7 years ago, I don't speak to him, I cant stand him. I don't want to make it too bitter though, as he is the father of my kids, and for their sake, I would hold back on how much I dislike him (although divorcing someone is a clue to feelings).

I am really at a loss as to how to compose these letters. Is there anyone out there who knows of a "standard" letter for the exclusion of ex spouses please?

Many thanks

Tuesday_Tenor

It doesn't sound like either of the ex's are financially dependent on you now.
(If they were, that could be grounds for expecting you to continue some provision).

So I don't really understand the company's suggestion that provision for them might have been expected.

It would be normal/helpful to include such a letter, with reasons, if you were excluding one of your children from the inheritance.

Did you and 2nd husband have a clean break divorce, with a formal consent order about the financial split? That would prevent him making any claim on any future assets of yours, or against your will.

If you didn't and you now have significantly more assets than you did at the time of the divorce, particularly if YOU received an inheritance around the time of the divorce which he could claim should have been 'marital' assets then he could, in theory, NOW make a claim for a different division of assets. And writing a letter to go with your will wouldn't make any difference to this.

We don't have the full info, but it seems more important to make sure you have a formal consent order now, than to attach something to you will.

Dougalina

Hello,

thank you very much for taking the time to reply.

I have dug out all of the documentation as I didn't want to say something and then find out I was mistaken.

Yes a consent order was drawn up and signed off. The first clause states:

"And upon the petitioner and the respondent agreeing that the terms of this order are accepted in full and final settlement of all claims for income, capital and pension sharing orders and of any other nature whatsoever which either may be entitled to bring against the other or the others estate in any jurisdiction howsoever arising in relation to their marriage"

The following clauses just details how the finances were to be split. Savings - house equity etc. (I insisted on 50/50 as I just wanted it over, without loads of arguing, too stressful).

Yes, I have more assets now, I have worked hard to provide for my two kids, and give them the security and stability they need.

As for my first husband, I only have the divorce certificate. There were no assets, and I just signed the house over to him, as there was no equity either.

The people drawing up my will did not ask about Consent orders, I wish they had. Now I am stuck wondering what to write. :-(

thank you again

Savvy_Sue

I wonder if the person drawing up the wills really knew what they were doing: will writers don't have to be qualified in any way.

I'm not qualified in any way either, but my understanding was that once you were divorced, your exes were excluded from provision under the rules of intestacy, so why you would need to explain why you were not including them in a much later will seems - to put it politely - bizarre.

Out of interest, what are they charging?

getmore4less

I would be more concered they have messed up the will.

a couple of £100 would have had a STEP solicitor o nthe case is it is relatively simple.

Kids get the estate and are executors.

paddy's_mum

Since you are (presumably) paying the will writers for their expertise, write and ask THEM to explain exactly why this Letter needs to be provided.

To me, this has a definite whiff of 'don't-really'know-what-I'm-doing-but-it-sounds-efficient-and-learned'!

Mojisola

Has the company convinced you that you need to name them as executors?

TBagpuss

Based on the order your 2nd husband has no potential claim, so no letter is required.
If you didn't have a financial order when you divorced your first husband then it wouldn't hurt to do a brief letter simply saying something like

"I was divorced on [date] from my first husband [name]. At the time of our separation we split our financial assets intending the division of assets to be in full settlement of any claims either of us had.
Although we did not have a formal financial order, since our divorce we have had no dealings with one another and our finances have remained entirely separate and at no time have I provided [name] with any kind of financial support."
You could add in something saying why you would not want him to have any claim.
I agree with others - if they didn't ask you about financial orders I have to wonder how much else they may have overlooked. In your place I would go to proper solicitor.

Mojisola

TBagpuss wrote: »

I agree with others - if they didn't ask you about financial orders I have to wonder how much else they may have overlooked. In your place I would go to proper solicitor.

And if they really do think you should have such a letter, shouldn't they have a pro forma letter for you to use?

I'd be very concerned about the quality of their work.

Ziggazee

Just a word of advice. Never ever use a Will writing company. They rarely have sufficient legal knowledge and will cost you an arm and a leg. A local solicitor will only charge around £65 plus vat for a Will (here in the north anyway) whereas these company's often charge a basic fee plus additional costs for each additional clause to be included.


I'm aware of a couple whose Will ended up costing over £300 with a well known Will writing company......they ended up visiting a local solicitor to have the poorly written (and quite incompetent) Will re-drafted and it only cost them £85 plus vat.

Dougalina

Oh dear,

Now I know I have made a terrible mistake.

I can’t remember how much I paid, but it wasn’t a lot. Yes, they are the Executors too.

I have been very naïve haven’t I? I should had heard alarm bells when I asked about my Limited Company and they just waived it away. Should I not have put something in my will about that?

What is a STEP solicitor?

Well, can I just scrap what I have done and go to someone else? I think I have signed up to let them store my will for an annual cost of £30 per year. I need to get out of that too.
They tried to hard sell me a living will and a probate thing too.

I feel very foolish now.

Thank you all for your input, it is really valuable.