Should I get a will or am I better without?

Robin9

Do see a solicitor - he will go through potential events eg what would happen to your children if you both die or you die and your wife remarries

pattycake

Mishomeister wrote: »

The rule for executors is that at least one of the executors can not be a beneficiary of the will eg. I could not appoint my wife as a sole executor if she is a beneficiary as well.

However if I was to die without a will she could then get that permission to deal with this?

Absolute tosh. My brother and I were executors and sole beneficiaries of our father's will. Similarly, my children (adults) are executors and sole beneficiaries of both my and my husband's wills.

All wills having been prepared professionally by solicitors.

Tuesday_Tenor

Mishomeister wrote: »

The rule for executors is that at least one of the executors can not be a beneficiary of the will eg. I could not appoint my wife as a sole executor if she is a beneficiary as well.

As you are completely wrong on this, perhaps you should do some basic reading about wills, intestacy and the probate/administration process. Suggest you start here:
https://www.gov.uk/wills-probate-inheritance

Also do some research about the implications of different ways of owning your home.
For instance:
Sole ownership - the house forms part of your estate when you die. It will be passed on according to your will, or as per rules of intestacy if there is no will. Probate/letters of Administration will be required to to give someone the authority to deal with it.

Ownership as joint tenants - you and your wife each own 100% of tht house and on the death of one, the other owns it by survivorship and it does NOT form part of the deceased's estate. Probate may or may not be required, depending what the estate actually consists of.

Ownership as tenants in common. - you and your wife own part of the house, typically 50%. On your death, your 50%share is part of your estate and is passed on according to your will! or as per rules of intestacy if no will. Again, probate/LoA will definitely be required in order to deal with an estate which contains property.

Quite a lot to think about, and that's without considering all the 'what if' scenarios. What if both parents die together, what if whole family dies together etc etc.

That why it's best to see a solicitor to make sure everything gets covered appropriately.

Slinky

The question is really, should I make a will, or would I prefer to leave a mess for my family to sort out when I'm gone?