wills-names

ynot2005

i hope someone can help with this question, my father in law has written his will and wants some money to go to a family friend, the girl in question has always been known as his grandaughter, a bit like neighbours who live up the road being known as uncle so and so

he has described the friend as "grandaughter" on the will, he has no grandchildren of his own, will this cause problems?, this is not a do it yourself will so i expect it should be ok, it just seems odd to me

thanks

AMILLIONDOLLARS

He needs to see a solicitor experienced in writing wills, that way there will be no mistaking his intentions.


AMD

the-chauffeur_2

Strictkly speaking, "granddaugther" will infer a familial relation - and shouldn't be used to describe friends, no matter how close.

Using a term that isn't relevant (in that he doesn't have any grandchildren of his own) will only complicate matters when it comes to sorting out the estate; even moreso if he becomes an actual grandfather. In practical terms, the biggest deciding factor will be who will be administering his estate when he's gone.

If there is even the remotest possibility that the others who stand to gain from the will either won't know who he's referring to, or might challenge the will, it needs to be changed. The last thing anyone wants is to start a fight over a loved one's possessions.

He may not need a solicitor, but he'll certainly need to get any changes he makes witnessed.

Hope that helps.

ynot2005

thanks for that chauffer, im not sure who is administering the will, i will find out, i think it may be one of his real daughters that actually exsist, hopefully anyway or if its a solicitor then i will look into trying to get him to make the changes

its an awkward situation because im a complete novice in these matters and he has just signed the will through a building society who should be experts in the field and he has lot of faith in their guidance.

the-chauffeur_2

No worries.

Building societies and banks are experts in their fields - but their 'fields' are borrowing and lending money. In the nicest possible way, other facilities they offer to customers such as will writing services are simply add-ons - and customers should be very wary of placing too much reliance on the advice they receive in areas that aren't the bank/building society's primary specialism.

As well intentioned as the staff may be, they won't have the same level of knowledge or understanding of the legalities of wills and trusts that a solicitor will have - and certainly won't have the experience of dealing with the aftermath of a badly written will or an estate that has 'gone wrong' or fallen into dispute.

Good luck

shokadelika

ynot2005 wrote: »

i hope someone can help with this question, my father in law has written his will and wants some money to go to a family friend, the girl in question has always been known as his grandaughter, a bit like neighbours who live up the road being known as uncle so and so

he has described the friend as "grandaughter" on the will, he has no grandchildren of his own, will this cause problems?, this is not a do it yourself will so i expect it should be ok, it just seems odd to me

thanks

Yes! all he needs to state is "I leave XXXxxx to my friend, or just her name, of xx xxx xxx xxxxxxxxxx (address.)......"
By stating that she is a relative could cause problems.

TEDDYRUKSPIN

Erm! He will need to specify the name:

No matter what, grand-daughter or not. A name should always be put in full!

olly300

TEDDYRUKSPIN wrote: »

Erm! He will need to specify the name:

No matter what, grand-daughter or not. A name should always be put in full!

Have to agree.

When I wrote my will using a solicitor's they stated that I needed to put in the full name and address of anyone I was leaving anything to as well as the familial relation if there was one.

Reading up about wills I know this is to ensure exactly the person intended gets the money/gifts specified. Even if they are a blood relation someone may contest how they are related if you state brother or son as some people you are related to are not as related to you as you think.