Writing a Will

Marcon

evosy1978 said:

Marvel1 said:

They go over 18, have children of their own and pass before you, what then?

If the people in your will die before you then you re write the will

Sadly it's all too common for a car crash to be responsible for some very untimely bereavements...and it is far from uncommon for those involved to die within a very short space of time, meaning that there's no opportunity to rewrite your will. You need to cater for 'worst case' scenarios - not taking that concept to excess, but just including those that are horribly foreseeable.

Keep_pedalling

evosy1978 said:

Marvel1 said:

They go over 18, have children of their own and pass before you, what then?

They may not have children. But I could easily write it in. It would go to their kids,. If they don't have kids then my sister and then her kids

There is a possibility that you might have lost mental capacity and not be able to make a new will.

The chances are a low that this might happen but the consequences of it happening are major, which is why the regulars on here always recommend a will drafted by a solicitor. In your situation your beneficiaries would be safer with no will in place than a poorly drawn up one.

Emmia

Keep_pedalling said:

evosy1978 said:

Marvel1 said:

They go over 18, have children of their own and pass before you, what then?

They may not have children. But I could easily write it in. It would go to their kids,. If they don't have kids then my sister and then her kids

There is a possibility that you might have lost mental capacity and not be able to make a new will.

The chances are a low that this might happen but the consequences of it happening are major, which is why the regulars on here always recommend a will drafted by a solicitor. In your situation your beneficiaries would be safer with no will in place than a poorly drawn up one.

OP have you looked up the rules of intestacy?

https://www.gov.uk/inherits-someone-dies-without-will

Whilst I would definitely not recommend relying on intestacy,  the rules are clear, "free of charge"  (this is a money saving site) and don't put your bereaved loved ones in the position of potentially having to spend a fair bit of money to unpick your will, which isn't likely to be properly valid.

Reliance on intestacy does however risk the government getting your estate if your beneficiaries predecease you - with a will you could nominate a charity to receive it, if everyone has died.

Have you appointed executors? Are they content to administer this will?

The problem with wills, is they can be drafted at leisure, only to be used in anger after the drafter has died... when they are no longer around to explain what they meant by one or more of the provisions.

You haven't for example made the basic mistake of putting the address of any property you're leaving the will, have you? If the property is sold and the will not updated the beneficiary intended to get the property would get nothing. 

Please, please go and see a solicitor to get probably the most important document you'll ever want/need drafted, and save your bereaved loved ones a mountain of angst and stress at a time they won't want it.

FlorayG

OP you know you can get a simple will written by a solicitor for free? Lots of charities offer this option. I didn't pay anything for my will, just £28 for identity checks and so it's all legal and correct. Two people in the solicitor's office witness for you. One of my friends who didn't know about this went direct to a solicitor and hers cost her nearly £500!
The charities work on you feeling guilty and leaving them something - I did, why not? - but it's not a condition, you can have the free will and leave them nothing

p00hsticks

evosy1978 said:

Marvel1 said:

They go over 18, have children of their own and pass before you, what then?

If the people in your will die before you then you re write the will

Bear in mind that by the time that happens you might not have the capacity to be able to do that.

sheslookinhot

FlorayG said:

OP you know you can get a simple will written by a solicitor for free? Lots of charities offer this option. I didn't pay anything for my will, just £28 for identity checks and so it's all legal and correct. Two people in the solicitor's office witness for you. One of my friends who didn't know about this went direct to a solicitor and hers cost her nearly £500!
The charities work on you feeling guilty and leaving them something - I did, why not? - but it's not a condition, you can have the free will and leave them nothing

What type of person would do that ?

Emmia

sheslookinhot said:

FlorayG said:

OP you know you can get a simple will written by a solicitor for free? Lots of charities offer this option. I didn't pay anything for my will, just £28 for identity checks and so it's all legal and correct. Two people in the solicitor's office witness for you. One of my friends who didn't know about this went direct to a solicitor and hers cost her nearly £500!
The charities work on you feeling guilty and leaving them something - I did, why not? - but it's not a condition, you can have the free will and leave them nothing

What type of person would do that ?

Someone tightfisted... Who feels no guilt?

FlorayG

sheslookinhot said:

FlorayG said:

OP you know you can get a simple will written by a solicitor for free? Lots of charities offer this option. I didn't pay anything for my will, just £28 for identity checks and so it's all legal and correct. Two people in the solicitor's office witness for you. One of my friends who didn't know about this went direct to a solicitor and hers cost her nearly £500!
The charities work on you feeling guilty and leaving them something - I did, why not? - but it's not a condition, you can have the free will and leave them nothing

What type of person would do that ?

Well exactly, they know nearly everyone will reciprocate, especially people like me who are asset rich and cash poor
I'm just pointing out that it's not a requirement

Savvy_Sue

p00hsticks said:

evosy1978 said:

Marvel1 said:

They go over 18, have children of their own and pass before you, what then?

If the people in your will die before you then you re write the will

Bear in mind that by the time that happens you might not have the capacity to be able to do that.

Even if you have capacity at the time they pre-decease you, it may not be at the top of your 'to do' list, and time will pass while you grieve, and grief does strange things to us. You may just never get around to it. 

I believe it's not uncommon that when a spouse passes at a ripe old age, the mental capacity of the survivor can deteriorate quite quickly. And even if not, there will be so many other things to think about, that revising a will may just slip down and down the agenda.