wills and trusts

Hello

can I ask what people think of having a trust as part of a Will ?

Is it a waste of time, what are the pros and cons


Comments

  • theoretica
    theoretica Posts: 12,689 Forumite
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    Con - more work for the trustees
    Pro - great/necessary if you have beneficiaries who cannot look after their own money, eg children/vulnerable
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • Keep_pedalling
    Keep_pedalling Posts: 20,247 Forumite
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    Trusts can be useful to protect a vulnerable beneficiary, or protect your children’s inheritance in more complex marital set ups, but as you have not told us what you are trying to achieve we can’t answer the question as far as it relates to your particular situation.


  • NE5
    NE5 Posts: 91 Forumite
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    I don't anticipate any dispute , or I hope not. There's no real reason, other than I was told about it during my appointment and am thinking about it. I also don't see the need in paying to have it stored as a precaution. There's no pressure in either case. I'm also happy just to make copies on my email/google etc or whatever else I can do. Or give a sealed copy to someone else. 


  • theoretica
    theoretica Posts: 12,689 Forumite
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    edited 28 April 2023 at 8:11PM
    The thing about storage is that when the time comes the original will be needed - digital backups of your will do not have any legal status, nor do normal uncertified copies...  Whatever you choose to do with it should be as near foolproof as you can arrange.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • NE5
    NE5 Posts: 91 Forumite
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    The thing about storage is that when the time comes the original will be needed - digital backups of your will do not have any legal status, nor do normal uncertified copies...  Whatever you choose to do with it should be as near foolproof as you can arrange.
    so you MUST produce the original ? What happens if the original is lost, in a fire, or whatever ? However remote the possibility ?
  • Mands
    Mands Posts: 842 Forumite
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    NE5 said:
    The thing about storage is that when the time comes the original will be needed - digital backups of your will do not have any legal status, nor do normal uncertified copies...  Whatever you choose to do with it should be as near foolproof as you can arrange.
    so you MUST produce the original ? What happens if the original is lost, in a fire, or whatever ? However remote the possibility ?
    Yes, you need the original will. If it's lost or destroyed you need to inform the probate office of that and provide the copy will and supporting documentation regarding the loss. 

    https://www.gov.uk/government/publications/report-a-will-is-lost-to-support-a-probate-application

    It's a surprisingly common query on this board. Maybe 1 in 100 threads start "we don't have the original will, where do we go from here".

  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    NE5 said:
    I also don't see the need in paying to have it stored as a precaution. There's no pressure in either case. I'm also happy just to make copies on my email/google etc or whatever else I can do. Or give a sealed copy to someone else.
    The original, signed and witnessed will has to be produced to get probate.
    We have stored our wills here - www.gov.uk/government/publications/store-a-will-with-the-probate-service/how-to-store-a-will-with-the-probate-service - but our executors have copies for information and, essential, the reference number needed to retrieve the will - best noted in several different places and in several different media.
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