Why wills are rubbish

Mojisola

YoungBlueEyes wrote: »

If there are family members you don't want to be beneficiaries, is it better to say so in the will or just not mention them?

Could a person argue that as they weren't mentioned in the will, it was the deceased's oversight rather than deliberate omission?

Remember that wills become public documents after probate so don't put things in your will that you don't want the world to know - while doing family research, I've seen some wills that explain in detail what a wastrel a certain son was or how a daughter behaved in ways her father couldn't condone, etc!

My parents didn't share their estate equally and, although we all knew that and supported their decision, their solicitor suggested they write a letter to be kept with their wills explaining their decision so that if any of us got awkward after their death, their voices could be heard.

A friend's mother wanted to cut one son out of her will completely - her solicitor recommended leaving him a token amount in the will (so that he couldn't claim his omission was a mistake) and then leave a letter with the will explaining why.

If you make your will with a solicitor, he/she should also be taking notes of your meetings which can include the reasons behind your choices if you explain them.

YoungBlueEyes

Thanks for the replies.
I have a proper will drawn up by our solic so it should all be alright.
It's very clear who's got what and why. My cousin is getting the majority, or her son if she goes first. I've left something for my sister but I didn't mention the half-sisters because I don't want them to have anything. Perhaps I should have left them 1p each... I don't want them hassling my sister (again) for more money.
Please god she's realised what animals they are by the time I snuff it.

I agree badmemory - I wish I could say "here's your bit but you're not to be giving it to them!"

Keep_pedalling

badmemory wrote: »

It is a pity that the will cannot state that one inheritor cannot be instructed not to give any of this inheritance to a step sibling, although hopefully by then the sibling will have seen the light!

Allowing control freaks to dictate things beyond the grave sounds a very bad idea to me.

Malthusian

Mojisola wrote: »

Remember that wills become public documents after probate so don't put things in your will that you don't want the world to know - while doing family research, I've seen some wills that explain in detail what a wastrel a certain son was or how a daughter behaved in ways her father couldn't condone, etc!

That's probably exactly why your ancestors put that stuff in the Will.

My view is that you should feel free to say anything and everything that you always wanted to say about your relatives in your Will. The dead can't sue for libel (hence that nonsense the Times printed about Michael Foot recently), and it's only fair that in return the dead should get the privilege of saying whatever they like.

Imagine how much more boring your geneology research would have been if they hadn't.

Mojisola

Malthusian wrote: »

Imagine how much more boring your geneology research would have been if they hadn't.

It certainly adds to the basic information collected on census forms and BMD registrations!

YoungBlueEyes

In my case I wouldn’t say it’s a control freak thing.

I have a pair of half sisters that are absolute animals. They tried every trick in the book to get more and more of our father’s money after he passed last year. They lied to me and my sister, lied to my solics (family one and specialist contentious wills one), they threatened court action on a weekly basis, they told an absolute bs story to the police, they harangued me and my sis for more money even though they got more than was allotted to them. Sis gave in immediately, I.... ahem... vehemently refused and took a beating for it. Sis sided with them (that the will wasn’t fair) so they used emotion blackmail to get MORE money out of her to make up for what I refused to pay them:mad: I was accused of everything under the sun and it only stopped when I started talking restraining orders and filing charges.

So for my sis to be railroaded AGAIN into giving that pair my money isn’t a control freak thing. It’s a strong moral compass thing.
I wouldn’t give either of them the steam off my p1ss, and I’d love to put that in my will!

WELLSIANA1962

No i never failed to stand up as it was mums mirror will , a contract with her husband , and a contract the surviving person can change easily after the first death , so basically her wishes relied on him and meant nothing as he changed them , hence rendering her wishes worthless and the will rubbish

WELLSIANA1962

Let me just clarify the position , Myself , My Sister and My Mums husbands Daughter where all named in their Mirror Will, all named as a third and if passed our children named for the share . Mum passed away , and one year later he rendered her will worthless by changing it , he revoked her , myself and my sister and installed everything into a fund for his daughter only . It is allowed and that is my reason Wills are worthless as she was deceased and had no voice to protect us or herself .
Now here is another Wills Are Rubbish , and i take on the point its people , but if the courts will not protect the will then the Wills are Rubbish .
A friend of mine got terminal cancer , left the house to his partner to live in until death as long as she does not cohabitate , then the house is his nieces , she has been living with a partner for years , he has moved into the house and sold his , his sister went to the solicitor and was told no court in the land would make them homeless , thus again , no protection and rubbish . Write your wills , pay the Solicitor fees , but when your dead , they may be only good to get the fire going .

seven-day-weekend

pollypenny wrote: »

We've made will, putting the house etc in trust, with the proviso that the survivor can utilise it unless he/she remarries or cohabits.

I don't want any fancy woman blowing my hard earned pounds.

We own our property as tenants-in-common and have each left our share of the property in trust to our son, with the proviso that the survivor can live there as long as they wish.

Linton

WELLSIANA1962 wrote: »

Let me just clarify the position , Myself , My Sister and My Mums husbands Daughter where all named in their Mirror Will, all named as a third and if passed our children named for the share . Mum passed away , and one year later he rendered her will worthless by changing it , he revoked her , myself and my sister and installed everything into a fund for his daughter only . It is allowed and that is my reason Wills are worthless as she was deceased and had no voice to protect us or herself .

He could not revoke your mothers will, he would have changed his own. Mirror wills depend on the good faith of the participants. I suggest you read https://www.thegazette.co.uk/all-notices/content/101046. As you will see, if both participants want the wills to be irrevokable it can be done.



Were both wills written with the help of a solicitor? Were the assets held jointly? If so they automatically pass to the surviving joint owner, they are not covered by the will.

Now here is another Wills Are Rubbish , and i take on the point its people , but if the courts will not protect the will then the Wills are Rubbish .
A friend of mine got terminal cancer , left the house to his partner to live in until death as long as she does not cohabitate , then the house is his nieces , she has been living with a partner for years , he has moved into the house and sold his , his sister went to the solicitor and was told no court in the land would make them homeless , thus again , no protection and rubbish . Write your wills , pay the Solicitor fees , but when your dead , they may be only good to get the fire going .

What did the beneficiaries' solicitor say? Did this ever come to court? If not how do you know what a court would do?