Trying to understand residuary beneficiary

Tom99

getmore4less wrote: »

That is not the default for all classes of beneficiary
have a read of the various section.33 cases after reading S.33 of the wills act.

[FONT=Verdana, sans-serif]Yes you are right, so if the brother died 1st his share go to his two children. Ie the same as would happen if there was no will.[/FONT]

Mojisola

Nettlelondon wrote: »

My father recently died and my mother now wants to make a new will to match the new circumstances. She wants to leave 50% to me, 45% to my brother and the remaining 5% equally to his children. That all makes sense and I can deal with that.

What happens if either
1. I die before or with her? I'm thinking of, for example, a situation where we are in a car crash together.
2. My brother dies before her?

As her wishes are so close to what would happen if there wasn't a will, it may be better to go through the intestacy process than rely on a badly-worded will.

Your brother can give his children a share of his 50% after he inherits.

Nettlelondon

Thanks - but that's not an option. Families are fun - he wouldn't give them anything.

buildersdaughter

I am not against DiY wills - I have twice done them when my circumstances were simple. Your mother's circumstances are not that complicated at present, it is ensuring against the future that is more difficult. This is what I suggest:
Use a DiY form such as Lawpack that helps you to check everything along the way.
Explain to mum that keeping the sill simple means reviewing it frequently (if more grandchildren come along etc.then she needs to make another will)
Then write it following the guidelines, in simple, clear English, naming each person individually (2.5% to my grandson, Peter Rabbit). The main complication is about pre-deceasing, and as there are only 4 beneficiaries, I think she has to state what she wants in each case.
I think that beginning this is a good idea. It is possible that if she starts on complications that she will realise the benefit of a solicitor. If not, you have a basic, straightforward will, that will, with any luck, be all you need.
good luck!

Manxman_in_exile

Nettlelondon wrote: »

It is a long held, totally entrenched view that solicitors are not trustworthy.

You say in the OP that your mother wants to make a "new" will. That implies that there is an existing one. What does that will say now that your father is dead?


You can't make your mum do a "proper" will with a solicitor, but that is obviously the best advice.


Why does she think solicitors are untrustworthy? (My wife is a solicitor but knows nothing about law of succession!). EDIT: We paid a STEP solicitor to do our wills "properly".

nom_de_plume

Nettlelondon wrote: »

I would love to get a solicitor involved but my mother has refused point blank to do so.

How about using a solicitor in a roundabout fashion? You have a solicitor draft the will and then use that draft to word a 'DIY' will. So long as it's worded, signed and witnessed correctly it can be home produced in pretty much any manner you choose, even on the back of an old envelope.