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Have you suffered from not having a will? Tell us

edited 4 November 2016 at 10:04AM in Marriage, Relationships & Families
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  • zagfleszagfles Forumite
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    Nick_C wrote: »
    Not everyone needs to make a will. But if you do, make sure it is lodged somewhere safe. When my mum died, I searched high and low for a will, but couldn't find anything, although she had previously told me she had made one.

    If you have been married more than once and have children, all the more reason to lodge the will in a safe place. When my grandfather dies, his second wife tore up the will. The same thing happened to a friend of mine.

    Personally, I have no children or living parents, and want my entire estate to pass to my spouse on my death, so living in England there is no need to make a will. Administering a simple estate under the rules of intestacy is straightforward.
    Yes I deliberately have no will, nor has my wife, or parents. Circumstances are straightforwards and we understand the rules of intestacy. I've helped adminsiter a couple of estates with no will and they were straightforwards, if anything they were easier than if there'd been a will!

    However if you do this make certain to tell people you have no will! Otherwise they'll waste time searching for it.

    If you do make a will - don't make a solicitor or a bank the executor. If you do, they have a monopoly and if they're rubbish, slow, or expensive, your beneficiaries are stuck with them. Make one of the main beneficiaries the executor(s), or a trusted friend/relative. Having asked them first of course. They can always pay for legal help if they need it, and they'll be able to shop around and get rid of any slow/expensive solicitor.

    On a related point make sure you have "expression of wish" forms filled out for any pensions you have, will or no will. Pensions do not (generally) get included in wills so you can't usually leave pensions in a will.
  • Blackbeard_of_PerranporthBlackbeard_of_Perranporth Forumite
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    The birch who married my dad wanted all his money. Fortunately me and big sis were wise to it. We disagreed with his will. Then waited until it went intestate and then settled fifty fifty. Now the birch is out of our lives destitute.
    Cardiac Arrest - Electrical - Patient unconscious! Heart Attack - Plumbing - Patient conscious!
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  • Keep_pedallingKeep_pedalling Forumite
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    The birch who married my dad wanted all his money. Fortunately me and big sis were wise to it. We disagreed with his will. Then waited until it went intestate and then settled fifty fifty. Now the birch is out of our lives destitute.

    That makes no sense whatsoever.
  • MotreMotre Forumite
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    Hm, it's a good idea. Thank you!
  • SilvertabbySilvertabby Forumite
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    “ If he dies first then I will make a will, but with an 18 year age difference that's unlikely. And if we die together in an accident then I am deemed to have died first anyway being the elder.
    Originally posted by Nick_C
    If you die together, he won't inherit from you.

    Both of your estates will be divided up among more distant relatives according to the intestate rules.
    Yes if you die together, then the law decrees that the youngest one died last - and so everything goes to the youngest ones family only.
  • MojisolaMojisola Forumite
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    Yes if you die together, then the law decrees that the youngest one died last - and so everything goes to the youngest ones family only.

    In England and Wales under the Law Reform (Succession) Act 1995 a wife, husband or civil partner does not take a share on intestacy unless he or she survives the deceased for 28 days.
  • JILJIL Forumite
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    I wish there was a way to persuade my elderly parents they need to make a will, they take it for granted that if one goes then the other will inherit the lot. Their wishes are that it will then be divided amongst the three children when the surviving parent dies.
    What happens I ask if one of the children dies before you. They said that the children of that child would have that share.
    I have tried to explain that it is not straight forward.
    Even though they have seen families of their late friends falling out over money as there is no will, there is no talking to them.
  • MojisolaMojisola Forumite
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    JIL wrote: »
    they take it for granted that if one goes then the other will inherit the lot.

    Their wishes are that it will then be divided amongst the three children when the surviving parent dies.

    What happens I ask if one of the children dies before you. They said that the children of that child would have that share.

    I have tried to explain that it is not straight forward.

    It mostly is that straight forward.

    If they have over £250,000 it starts to get bit more complicated in that the children will inherit some on the death of the first parent.
  • FlugelhornFlugelhorn Forumite
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    my grandmother left a will, witnessed but unsigned (goodness knows what her friends thought they were witnessing , certainly not her signature!)

    The beneficiaries under intestacy rules all agreed that the will reflected gran's wishes (leaving it all to one son).

    Deed was drawn up and signed - fortunately gran's nephew was a solicitor and did deed for nothing.

    Would still have been much easier if she had signed it and the witnesses had paid attention!
  • JILJIL Forumite
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    Mojisola wrote: »
    It mostly is that straight forward.

    If they have over £250,000 it starts to get bit more complicated in that the children will inherit some on the death of the first parent.

    So if I died before my parents, would their estate still be divided by three as they had three children, even though there was only two surviving children?
    Does the £250,000 include the value of the house?
    Appreciate your answers as it could be a bit more information that could persuade them to make a will.
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