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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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  • MojisolaMojisola Forumite
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    tick1986 wrote: »
    My nan passed away thinking she had a will and all in order. Turns out her maiden name was on the will. We have been told that even though we have her marriage certificate that the will is not valid.

    It isn't because her maiden name is on the will - marriage automatically revokes any will previously made (unless made 'in contemplation of marriage').
  • badmemorybadmemory Forumite
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    tick1986 wrote: »
    My nan passed away thinking she had a will and all in order. Turns out her maiden name was on the will. We have been told that even though we have her marriage certificate that the will is not valid. My mum had a brother and sister who passed away young. So she has been solely caring for both her parents who has now sadly passed away.


    Her brother, my uncle, had a child who my nan had not seen in about 20 years (didn't even turn up for her funeral) who now stands to inherit half their estate.


    Ridiculous!!

    This should serve as a reminder to us all to regularly review & update our wills. We can't just write a will & decide that's it - done & dusted permanently.
  • Syntax753Syntax753 Forumite
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    20 years is roughly how long it was between the time I left home at 16 and my father died.

    In the meantime, I was cut out of my grandparents will as I had been out of contact and when my father died, the family shared the inheritance between them. However, they got in touch with me as I remained the last male to carry the surname of the family tree and as such I inherited the debts that my father had accumulated (25k).

    I didn't retaliate by disputing their sharing of the wealth, but instead had to battle to prove that I should not be considered part of the family for which I proved he wasn't my real father and that I'd left young enough to be considered not part of the family.

    I wish he'd had a will because he would certainly have left me out of it which at least would have stopped the family trying to pull this despicable selfish move on me.

    I've made a point of always leaving everything to my first love - and am clear about that in any relationship. That has caused rows of course, but generally those rows are good indications that the relationship is not what it may seem.

    Arguing my will whilst I'm alive is not a relationship for me. Spend the money you have with the people you love most. And leave the rest to those you respect the most.
  • sherambersheramber Forumite
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    Make sure your will makes provision for the care of any children.

    My neighbour's brother and his wife were killed when the plane they were travelling in crashed. Their baby was at home with a nanny.

    My neighbour and her father immediately travelled to South Africa- where her brother and his family had been living.

    The mother's sister also travelled to SA. She arrived first and claimed the child.

    My neighbour's family were not happy about this as the sister and her husband had been about to divorce but now said they were no longer to divorce. She took the child back to England.

    My neighbour's family spent tens of thousands of pounds on lawyers and even a QC to fight for custody but by the time the case was finished the child had been with the sister for 2 years and the judgement was that it was not the child's interest to change things now.

    A provision for the future care of the child would have avoided a lot of stress and bad feeling and avoided a lot of expense.
  • 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.
  • MojisolaMojisola 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.

    If you both die together (or within a set number of days - I think it's 28), the younger spouse no longer inherits from the older one.
  • SpendlessSpendless Forumite
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    Mojisola wrote: »
    If you both die together (or within a set number of days - I think it's 28), the younger spouse no longer inherits from the older one.
    When did that change?


    This article mentions younger inheriting from older is dated beginning of this year.
    https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/what-happens-with-our-wills-if-we-die-together/
  • MojisolaMojisola Forumite
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    https://www.legislation.gov.uk/ukpga/Geo5/15-16/23/section/46

    F10(2A)Where the intestate’s [F2spouse or civil partner] survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the [F2spouse or civil partner] had not survived the intestate.]
  • Right now I'm preparing my assets to my beneficiaries/ wi/children so that if something happens to me, I will not be worried for the future of my family.
  • seven-day-weekendseven-day-weekend Forumite
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    It's simply an expression of where you would like your assets to go when you die so all of them are 'in' the will, either in detail or as a lump sum of what is left after specific bequests.

    Just because you have few assets now it doesn't mean you won't have them in the (near) future.

    You might win the lottery and die from the shock ;)


    It could be your last chance to tell people what you think of them too.

    And also if your son is a minor, you can appoint a Guardian for him.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
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