No Will. Children. Money. Who administers

castle96

Am trying to persuade son to make a Will...
Son is 40, children 8 and 10. His partner (not married) of 10 years has left and returned abroad. If son dies, his assets go to his children (as no will). But they cannot 'look after' the monies can they, so who does?? until they are ? 18/21. Son has both parents here + brothers.
Wish he would get Will sorted.

[Deleted User]

A trustee would, until they're 18.

Someone would need to taken the decision to administer the estate.

castle96

Yes, but who (any priority?). Any of us could/would volunteer. Are there legal constraints over the (one/ or more) Trustees

Keep_pedalling

You are quite correct that he should make a will and use  appoint trustees to manage the assets until his children can inherit. Who do the children live with?

castle96

I want to point out the error of his ways, but you know what kids are like ! Children live with him

Mojisola

castle96 said:

I want to point out the error of his ways, but you know what kids are like !

Ask him whether he wants to have a say on who cares for his children if he dies before they reach 18.

Their mother could come back and would have the first right to sort out his estate on behalf of the children.

Would he prefer that a will gave other relatives control over their inheritance?

getmore4less

His partner (not married) of 10 years has left and returned abroad. If son dies, his assets go to his children (as no will).

The issue here is does the partner still have parental responsibility as they would be the default administrator trustee.

You can't even specify a guardian as that is only effective when the last one with parental responsibility dies.

The family court could intervene but worth reviewing the situation now to see if a formal set up can be achieved.

Mojisola

getmore4less said:

The issue here is does the partner still have parental responsibility as they would be the default administrator trustee.

You can't even specify a guardian as that is only effective when the last one with parental responsibility dies.

But he could make the grandparents or uncles trustees of their inheritance.

getmore4less

Mojisola said:

getmore4less said:

The issue here is does the partner still have parental responsibility as they would be the default administrator trustee.

You can't even specify a guardian as that is only effective when the last one with parental responsibility dies.

But he could make the grandparents or uncles trustees of their inheritance.

Only with a will...

Marcon

castle96 said:

Am trying to persuade son to make a Will...
Son is 40, children 8 and 10. His partner (not married) of 10 years has left and returned abroad. If son dies, his assets go to his children (as no will). But they cannot 'look after' the monies can they, so who does?? until they are ? 18/21. Son has both parents here + brothers.
Wish he would get Will sorted.

It'll be a right mess if he doesn't make a will. Any idea which of the many reasons for not making a will apply to him? It's usually easier to get something done if you know which particular hurdles are in the way!

Would it help, say, if you offered to pay for him to see a solicitor and get the job done properly 'for the sake of the children'?

castle96

Yes it would, but he has his own money. It's apethy (sic). Have sent him a link to this thread (can? he read as not signed up?). hE HAS A LOT ON HIS PLATE with her leaving him. I am concerned that his considerable inheritance from various parties incl me, will go amiss if he snuffs it and she pops back up to admnisiter the kids money. She IS 'first in line' to do this, as I now understand it?