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  • FIRST POST
    • MSE Lucia
    • By MSE Lucia 3rd Nov 16, 4:13 PM
    • 10Posts
    • 6Thanks
    MSE Lucia
    Have you suffered from not having a will? Tell us
    • #1
    • 3rd Nov 16, 4:13 PM
    Have you suffered from not having a will? Tell us 3rd Nov 16 at 4:13 PM
    Hi everyone,

    We’d really like to hear from any Forumites who have experienced the effects that not having a will can cause. If you’re happy to share your story, please post in the thread below. If you’ve seen any relevant threads or posts elsewhere on the forum, please do share the links.

    We’re looking to do a feature highlighting that whatever your age, if you've assets eg, a house, savings, or a business, and people or others you'd like to look after it, you should consider making a will; and Will Aid month gives you a chance to do it cheaply.

    Our feature will be in line with Will Aid month, which is a UK-wide scheme that runs every November, where the charity Will Aid teams up with over 900 solicitors to provide basic wills to people of any age. There's no set fee but Will Aid hopes you'll make a donation of around £95 for a single will (£150 for a couple). This is a good price for a solicitor-drafted will but of course if you can’t afford it, you can give less.

    Huge thanks,
    MSE Lucia
    Last edited by Former MSE Matt; 04-11-2016 at 8:04 AM.
Page 3
    • tick1986
    • By tick1986 24th Mar 18, 8:58 AM
    • 6 Posts
    • 0 Thanks
    tick1986
    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!!
    • Mojisola
    • By Mojisola 24th Mar 18, 9:59 AM
    • 31,175 Posts
    • 79,999 Thanks
    Mojisola
    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.
    Originally posted by tick1986
    It isn't because her maiden name is on the will - marriage automatically revokes any will previously made (unless made 'in contemplation of marriage').
    • badmemory
    • By badmemory 24th Mar 18, 12:43 PM
    • 2,584 Posts
    • 4,078 Thanks
    badmemory
    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!!
    Originally posted by tick1986
    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.
    • Syntax753
    • By Syntax753 1st May 18, 3:23 AM
    • 7 Posts
    • 3 Thanks
    Syntax753
    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.
    • sheramber
    • By sheramber 18th Sep 18, 6:17 PM
    • 6,725 Posts
    • 5,041 Thanks
    sheramber
    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.
    • easyhomevacuum
    • By easyhomevacuum 5th Oct 18, 4:06 PM
    • 2 Posts
    • 0 Thanks
    easyhomevacuum
    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.
    • Mojisola
    • By Mojisola 5th Oct 18, 4:23 PM
    • 31,175 Posts
    • 79,999 Thanks
    Mojisola
    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 easyhomevacuum
    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.
    • Spendless
    • By Spendless 7th Oct 18, 4:50 PM
    • 20,535 Posts
    • 34,275 Thanks
    Spendless
    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.
    Originally posted by Mojisola
    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/
    • Mojisola
    • By Mojisola 7th Oct 18, 5:04 PM
    • 31,175 Posts
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    Mojisola
    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.]
    • thaliadaniels
    • By thaliadaniels 6th Nov 18, 11:16 PM
    • 10 Posts
    • 2 Thanks
    thaliadaniels
    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-weekend
    • By seven-day-weekend 2nd Jan 19, 4:09 PM
    • 32,897 Posts
    • 65,323 Thanks
    seven-day-weekend
    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.
    Originally posted by Rain Shadow
    And also if your son is a minor, you can appoint a Guardian for him.
    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
    • seven-day-weekend
    • By seven-day-weekend 2nd Jan 19, 4:29 PM
    • 32,897 Posts
    • 65,323 Thanks
    seven-day-weekend
    Just read this thread, and I have a will dated 2016, so does my husband, in which we both state our wishes.

    However, I have just looked at mine again and wish to include two additional people as beneficiaries. Can I just type this out myself, and sign it in front of witnesses, or would I need to go back to my solicitor?
    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
    • Mrs Arthur Crown
    • By Mrs Arthur Crown 2nd Mar 19, 1:17 PM
    • 71 Posts
    • 44 Thanks
    Mrs Arthur Crown
    Using solicitor as executor
    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.
    Originally posted by zagfles
    I would disagree with the advice "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", as having an expert on hand can be helpful if you run into issues. I can't speak for banks, as I have never had dealings with banks with regard to executing the wishes of any of my deceased relatives (I must note here that I am of an age where there have been a few over the past couple of decades years).

    As I used to work in a solicitors office, for a time in the Probate Department (typing up Wills and preparing estate accounts rather than on the legal side) I became aware of how useful it can be if you have solicitor or probate executive as a co-executor (and also of the problems when people have no will).

    I have been named executor on three Wills which have had a solicitor as a co-executor / trustee and in each case I have done 97% of the work and just left it to them to sort out any inheritance tax and check my work (especially the estate accounts). It has never been an issue (ie them letting me do a lot of the work). It saves money and gives me the peace of mind that everything has been done correctly. My own Will names a legal firm (or its successors) as co-executor / trustee as my husband isn't sure that he will be able to cope with dealing with my Estate if I die before him.

    In any event, if Trusts need to be set up for minors or other dependents, you'll need to appoint someone who knows what they are doing, so if there's a professional on hand to call upon, it saves time. Not everyone is mentally up to dealing with a loved one's estate when they deal with it themselves, so again, having a professional on hand, even if they aren't needed, is good backup when you can't cope.

    The other advantage is that with a solicitor (or indeed a bank) is that if the named person is no longer with the firm, the addition of words along the lines of :

    "2. (a) I APPOINT my Wife [NAME], my daughter [NAME], both of 1 Any Street, Anywhere, Britain, the Partners at the date of my death in the firm of RIPOFF AND SCARPER of 5 High Road, Anywhere Solicitors or the firm or incorporated practice which at that date has succeeded to and carries on its practice to be the executors and trustees of this Will and I EXPRESS THE WISH that one or two only of the partners shall prove my Will.

    In (a) above "firm" incudes an incorporated practice recognised by the Law Society and "partners" includes Solicitors who are directors or members of or beneficial owners of shares In such a practice

    The expression "my Trustees" whenever used in this Will shall mean my executors and the trustee or trustees for the time being whether original or substituted"


    will save hunting round for a firm of solicitors when you aren't necessarily in the best position to want to.
    • Mojisola
    • By Mojisola 2nd Mar 19, 1:45 PM
    • 31,175 Posts
    • 79,999 Thanks
    Mojisola
    As I used to work in a solicitors office, for a time in the Probate Department (typing up Wills and preparing estate accounts rather than on the legal side) I became aware of how useful it can be if you have solicitor or probate executive as a co-executor
    Originally posted by Mrs Arthur Crown
    As your named executors can appoint a solicitor to do the work for them if they can't cope or don't want the hassle, why not leave the decision with them?

    I would much prefer to have the solicitor working for the executor than being a co-executor.
    • *max*
    • By *max* 9th Mar 19, 11:14 AM
    • 2,876 Posts
    • 13,580 Thanks
    *max*
    I know it's not very important, but the wording of this thread's title has been bothering me for ages. Nobody "suffers from not having a will", it's the people left behind that potentially do.
    • zagfles
    • By zagfles 9th Mar 19, 11:26 AM
    • 14,276 Posts
    • 12,455 Thanks
    zagfles
    As your named executors can appoint a solicitor to do the work for them if they can't cope or don't want the hassle, why not leave the decision with them?

    I would much prefer to have the solicitor working for the executor than being a co-executor.
    Originally posted by Mojisola
    Exactly - if the executor appoints a solicitor, they can sack them if they're slow/expensive etc. They can't if the solicitor is an executor.

    The executor could always be pointed at a trusted solicitor who they'll contact when necessary - that way they have the best of both world - a recommended solicitor but retaining the option to get rid of them if they're slow/expensive etc.
    Last edited by zagfles; 09-03-2019 at 11:31 AM.
    • unindexed
    • By unindexed 12th Mar 19, 8:06 AM
    • 10 Posts
    • 1 Thanks
    unindexed
    Hey!

    I'm not strugglie with it, but I have issues and got very confused since my GF seems not have will... She even can't stop smoking w/o special pills, I'm trying to convince her with my arguments about health/future kids etc., but nothing helps, I really got disappointed in it ;[

    Can someone advise me how can I affect my girl to stop smoking cigarettes?
    IT is one the most growing industry to work in
    • alanfp
    • By alanfp 29th May 19, 1:09 PM
    • 140 Posts
    • 40 Thanks
    alanfp
    Non-financial stuff
    In addition to saying what you want to be done with your assets, I suggest you make it very clear what you want to be done with your remains. If you are being buried, state exactly which burial place or at least which area of the country you would like to be buried in. If you are being cremated, please say where you would like your ashes to be scattered or kept.
    My personal experience is of an ex of mine who wanted her mother's ashes to be scattered somewhere where she could go and visit. But her sister wanted the Ashes to be scattered on the rose bushes in their late mother's garden. After 3 years (when I became an ex) the disagreement still wasn't resolved.
    • Mojisola
    • By Mojisola 29th May 19, 1:27 PM
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    • 79,999 Thanks
    Mojisola
    In addition to saying what you want to be done with your assets, I suggest you make it very clear what you want to be done with your remains. If you are being buried, state exactly which burial place or at least which area of the country you would like to be buried in. If you are being cremated, please say where you would like your ashes to be scattered or kept.
    Originally posted by alanfp
    If you do this, you need to keep the details up-to-date.

    It's very expensive to transport a body half-way across the country because the last time the deceased stated a preference, they lived hundreds of miles away from where they were when they died.
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