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  • FIRST POST
    • textbook
    • By textbook 10th Aug 18, 10:12 AM
    • 155Posts
    • 16Thanks
    textbook
    Making sure my will is all ok, few questions?
    • #1
    • 10th Aug 18, 10:12 AM
    Making sure my will is all ok, few questions? 10th Aug 18 at 10:12 AM
    Writing my will. Got a few questions.


    My only son lives with my girlfriend. I am giving the money from my flat to him when he's 25 (when I die). He's 3 now and I have also given my girlfriend 30,000 from the estate to her. Is that enough? I currently give her 250 a month. Flat is currently worth about 130,000. It would make sense to rent it out and girlfriend gets rent money if I am honest. I have no money in bank but flat is paid off and worth 130,000.


    I requested to be buried not cremated. odd?


    Who would be good witnesses? Shouldn't be related to me, benefitting from the will or related to anyone benefitting from the will. My mates?


    I put my girlfriend's sister to be guardian of my son if I die. For a start wouldn't surprise me if girlfriend(in her will) put one of her family before me (in the case of her death)- but I believe as I am on birth certificate I could override her wishes and get custody on her death anyway. I put my brother as guardian if girlfriend's sister dies . this is of course all so unlikely that 3 people will die before my son is 18 and my brother being asked to look after him. I am not sure brother's wife will want my son though. Do u need to ask? I guess they can refuse if it ever happened.
    Last edited by textbook; 10-08-2018 at 10:20 AM.
Page 1
    • Mojisola
    • By Mojisola 10th Aug 18, 10:26 AM
    • 29,972 Posts
    • 77,040 Thanks
    Mojisola
    • #2
    • 10th Aug 18, 10:26 AM
    • #2
    • 10th Aug 18, 10:26 AM
    Writing my will. Got a few questions.
    Originally posted by textbook
    Are you using a solicitor?

    Your son's future is too important to rely on a DIY will.
    • Robin9
    • By Robin9 10th Aug 18, 10:38 AM
    • 3,175 Posts
    • 2,093 Thanks
    Robin9
    • #3
    • 10th Aug 18, 10:38 AM
    • #3
    • 10th Aug 18, 10:38 AM
    . I am giving the money from my flat to him when he's 25 (when I die). He's 3 now and I have also given my girlfriend 30,000 from the estate to her. Is that enough? . I have no money in bank but flat is paid off and worth 130,000.
    ?





    .
    Originally posted by textbook
    Are you giving this 30000 twice - you say you have nothing in the bank so where does the g/f's 30k come from if you are giving all the proceeds of the flat sale to your son.


    Dont DIY - use a solicitor - how would the trust for your son work ?

    While you are thinking about the future - life assurance/pension
    Never pay on an estimated bill
    • McKneff
    • By McKneff 10th Aug 18, 11:30 AM
    • 36,185 Posts
    • 46,653 Thanks
    McKneff
    • #4
    • 10th Aug 18, 11:30 AM
    • #4
    • 10th Aug 18, 11:30 AM
    How can you give you flat money when he is 25, are you definitly going to die when he is 25.

    See a solicitor...full stop
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • MovingForwards
    • By MovingForwards 10th Aug 18, 11:36 AM
    • 415 Posts
    • 499 Thanks
    MovingForwards
    • #5
    • 10th Aug 18, 11:36 AM
    • #5
    • 10th Aug 18, 11:36 AM
    Where kids are involved, especially where they are not due to turn 18 within the next few months, I would always suggest a laywer is instructed to prepare the will as they have the knowledge and experience to prepare one which is suitable and will not leave your family in the poo when you die. Costs about 150.

    Think of all your posessions ie jewellery, pictures, furnitre EVERYTHING you own needs to go somewhere, do you want it disposed of ie dumped, distributed or donated to any local charity shop which happens to be open in the area when you die.

    Money in thw bank, building society etc who gets this.

    Stocks, shares and any other investments no matter how small, who gets this.

    Your flat is to be sold with the proceeds going to your very young (at the moment) son. Who looks after the money and uses it for his benefit as he grows up ie paying for school trips, clothes, driving lessons at 17, first car and insurance at 17 etc (it needs to go into a trust for him and the remainder paid to him upon hitting 18 or whatever age over this you deem suitable)

    Guardians you have covered, but ALWAYS ask them if they would be willing to take him on as a member of their family til he grows up.

    Think about the expenses they will encounter due to feeding, clothing him etc again this could be set up within the trust and he gets the remainder when of the age you set.

    Your girlfriend. Nothing stopping you giving her a lumpsum. You may wish her to reside in the flat until your son is of age (especially if she does not own her own place).

    What happens if your son predeceases you? Where is all of your estate going then?

    What happens if you, your GF and son all die at the same time? Who gets your estate?

    Who are your executors? You need people you trust to follow out your wishes/will. Especially as you have a young son. I would suggest two people with a pair as back up in case they die/lack capacity when you die.

    Funeral. It is standard to put your wishes for cremation or burial in your will. But make sure friends/family are aware of your wish as not everyone goes for the will the moment you die. Keep a note of your funeral wishes in an envelope marked "funeral wishes" in your home. (Over the years clients have set out their exact wishes, even down to which church and what songs/music).

    Lastly, a will can be updated as time progresses and should be reviewed by you frequently (my old place used to say 5 yearly, I personally just have a read of mine each year).

    Hopefully this is enough info to get you started, thinking and booking an appointment with a solicitor!
    • Savvy_Sue
    • By Savvy_Sue 10th Aug 18, 2:06 PM
    • 39,059 Posts
    • 35,951 Thanks
    Savvy_Sue
    • #6
    • 10th Aug 18, 2:06 PM
    • #6
    • 10th Aug 18, 2:06 PM
    Is the girlfriend the boy's mother? If so, I'd suggest any decisions about guardianship after you BOTH die, should the need arise, should be mutually agreed.

    Is your g/f also making a will?
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
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    • YoungBlueEyes
    • By YoungBlueEyes 10th Aug 18, 9:34 PM
    • 458 Posts
    • 628 Thanks
    YoungBlueEyes
    • #7
    • 10th Aug 18, 9:34 PM
    • #7
    • 10th Aug 18, 9:34 PM
    Witnesses to the will - when I made my will a few months ago the staff in my solicitor's office were the witnesses. I believe this is common practice.

    If you're certain you'd like to be buried, have you considered buying a grave/plot now? It'd be one less thing for your family to worry about or find money for...
    • Robin9
    • By Robin9 11th Aug 18, 8:26 AM
    • 3,175 Posts
    • 2,093 Thanks
    Robin9
    • #8
    • 11th Aug 18, 8:26 AM
    • #8
    • 11th Aug 18, 8:26 AM
    Guardianship of your son is something you should regularly review. There is a big difference between a 3 yr old and a teenager .
    Never pay on an estimated bill
    • SeniorSam
    • By SeniorSam 11th Aug 18, 8:26 AM
    • 1,182 Posts
    • 597 Thanks
    SeniorSam
    • #9
    • 11th Aug 18, 8:26 AM
    • #9
    • 11th Aug 18, 8:26 AM
    As your son is only 3 years old, you will need a Trust to be set up if you die before he reaches that age. It can happen from illness, accident or other ways, but could happen and your Will is the only way you can be sure your wishes will be carried out and your son's inheritance protected.

    You need a solicitor that is qualified by STEP and not a normal solicitor or Will writer. Only STEP solicitors are qualified in Trust work, so do be careful.

    Is your Son worth it, or not?

    Sam
    Last edited by SeniorSam; 13-08-2018 at 10:50 AM. Reason: spelling
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, so my comments are just meant to be helpful.
    • AnotherJoe
    • By AnotherJoe 14th Aug 18, 10:08 PM
    • 11,060 Posts
    • 12,739 Thanks
    AnotherJoe
    Writing my will. Got a few questions.


    My only son lives with my girlfriend. I am giving the money from my flat to him when he's 25 (when I die).



    is this planned with DIgnitas? Or if you mean "not until he is 25" that is problematic to do.



    He's 3 now and I have also given my girlfriend 30,000 from the estate to her. Is that enough?



    Enough for what?


    I currently give her 250 a month. Flat is currently worth about 130,000. It would make sense to rent it out and girlfriend gets rent money if I am honest. I have no money in bank but flat is paid off and worth 130,000.


    WHats this got to do with a will? Are you proposing to make such an inane condition?



    I requested to be buried not cremated. odd?


    No. But the rest of your musings are. See a solicitor.


    Who would be good witnesses? Shouldn't be related to me, benefitting from the will or related to anyone benefitting from the will. My mates?


    Blimey, this is going to be a car wreck. See a solicitor.


    I put my girlfriend's sister to be guardian of my son if I die. For a start wouldn't surprise me if girlfriend(in her will) put one of her family before me (in the case of her death)- but I believe as I am on birth certificate I could override her wishes and get custody on her death anyway.


    Whats that got to do with your will?


    I put my brother as guardian if girlfriend's sister dies . this is of course all so unlikely that 3 people will die before my son is 18 and my brother being asked to look after him. I am not sure brother's wife will want my son though. Do u need to ask?


    No you can force them to. /S

    Jeez, do you really plan to put such a condition in a will without asking? Boggles.


    I guess they can refuse if it ever happened.
    Originally posted by textbook

    Its really hard to understand if this is a wind-up or you are really planning to produce such a ridiculous will, no doubt poorly witnessed and with more loopholes than Donald Trump and the FBI investigations.


    See a solicitor.
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