Advice on wording in a draft will

74jax

Malthusian wrote: »

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On its own that sentence means the sister will inherit his entire estate. You can only dispose of your own possessions in your Will so "any family possessions" means "any possessions", "family" is meaningless. "First refusal" means the sister gets everything, unless she generously decides to let you have some.

Thanks, I just don't like how it could read she can take some of MY things if they are they in the house, I mean like the TV/sofa etc as they are his possessions too....

I find it so odd a solicitor worded it this way. Hubby has said it was the solicitor that drafted the sentence.

At least it isn't just me that finds it strange.

AnotherJoe

Define "family"
Define "heirloom".

I bet the lawyers could go to town on those two.

Its as clear as mud and means whatever the reader wants it to mean. "Hmm" says his sister to you, "that Cartier watch on your wrist, i believe that to undoubtedly be a family heirloom. And the Sony 50 inch, that's ten years old, must therefore be an heirloom and its in the family so I'll have that as well thanks".

Why not "<name>.... has first refusal of all the items stored in boxes in the loft marked "attention of <name> and also any other items in the loft also similarly marked".


IANAL but it would worry me that one I was paying came up with such woolly wording.

74jax

Can't sleep.... Won't sleep...

Does 'family possessions' cover property if just in husband name - and not mentioned separately in the will? My mind may just be working overtime.....

Yorkshireman99

74jax wrote: »

Can't sleep.... Won't sleep...

Does 'family possessions' cover property if just in husband name - and not mentioned separately in the will? My mind may just be working overtime.....

Land or house are known as REAL property. Possessions are known as goods and chattels or just property. So family possessions does not include the house.

chesky

Don't show her the will, give her the stuff and if she gets stroppy (unlikely) tell her to sue.

74jax

chesky wrote: »

Don't show her the will, give her the stuff and if she gets stroppy (unlikely) tell her to sue.

She will see the will as her children - husband's nephews - get 50% which equates to £'000ks

We don't really see her, maybe once every 3 years, so I guess she'll be told what's in the will now for the kids/her and that will be it.

I just find it bizarre a solicitor thinks that wording OK. There's other things in (and not in) the will I find odd but this sentence 'could' relate to things I own so it bothered me. Just wanted to check I wasn't being silly....

Malthusian

AnotherJoe wrote: »

Why not "<name>.... has first refusal of all the items stored in boxes in the loft marked "attention of <name> and also any other items in the loft also similarly marked".

A bit pointless as if the OP wanted to keep the items, she could simply remove them from the boxes and replace them with a few pots and pans.

If there is no risk of this kind of shenanigans, then there is no need to bother putting them in the Will at all and worrying about these issues - the husband can simply leave everything to the OP and let the OP pass the items to the sister.

If the husband wants to guarantee that the items go to the sister and not risk giving her a claim over other possessions, naming the items unambiguously ("my father's watch, my father's pictures" etc etc) is the way to go.

AnotherJoe

Malthusian wrote: »

A bit pointless as if the OP wanted to keep the items, she could simply remove them from the boxes and replace them with a few pots and pans.

If there is no risk of this kind of shenanigans, then there is no need to bother putting them in the Will at all and worrying about these issues - the husband can simply leave everything to the OP and let the OP pass the items to the sister.

If the husband wants to guarantee that the items go to the sister and not risk giving her a claim over other possessions, naming the items unambiguously ("my father's watch, my father's pictures" etc etc) is the way to go.

The same applies to "my father's watch, my father's pictures" unless "fathers watch" is itemised with make and serial number, the pictures are listed as "Haywain, original" and so on.


I suppose it comes down to, does husband not trust wife? In which case give sister them all now, whilst OP gets on with a divorce

74jax

Thank you all. He now acknowledges that perhaps the wording is wrong and is going to speak to his solicitor. I guess this is why you get 'drafts' in the first place. I'm more concerned it was the solicitor who came up with the wording!


I actually spoke to my solicitor as I was on the phone to make an appointment to update my will, now DD is over 18, and mentioned it to him. He said it was unusual to have 'first refusal' in there too as if you are left something in a will you are generally just left it and it's up to you to complete some forms to say you are not accepted your inheritance and suchlike. My Sol said it sounded more like something you would put in a letter of wishes - whatever that may be.....


Thanks for your replies, I did feel I was making a fuss over a silly sentence, and I know the likelihood of her saying actually yes I do want that TV, that sofa, his wedding ring etc.. was only little, it's more reassuring that it's being re-written.

74jax

AnotherJoe wrote: »

I suppose it comes down to, does husband not trust wife? In which case give sister them all now, whilst OP gets on with a divorce

If I got divorced I'd get more..... maybe you have a point....


A few people have said for him to leave it all to me and me to then distribute. The thing is, this was what he wanted. But he had specifics that he wanted me to do. ie £xxxk to one nephew £xxx to nephew 2, xyz to sister etc, and so on.
I have always had a will and check it every 5 years or so, I believe that a will is the last way of expressing your wishes.
Yes he could have left it to me to distribute, but I feel so much more at ease with a will. I have also dealt with my dad's will and can't imagine having to do it with someone as close as a husband. I would much rather his last wishes were from him and not 'via' me.


We are also talking a lot of money, it could be seen in the future that it is classed as me depriving myself of assets etc.