Anya it is probably very inconvenient to die "interstate" too, what would happen about death certificates and all the other paperwork?
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Wills - leaving to children or grandchildren?
(111 Posts)Hello, we've recently had another grandchild (so I'm actually granoffive!) and we're thinking of updating our wills. In our current one we've left most things to our two sons but now I'm wondering if we should rather be splitting things between our grandchildren. Our younger son is very careful with money - and the other rather less so. I want to be fair to both but I don't want the grandchildren to lose out. But the GCs are still very young. I was wondering what others have done. I'm sure they won't argue - they're both very lovely boys - but I don't want to give any cause for bad feeling when we go.
Interstate? Intestate!
Yes, make a will, keep it up to date, don't allow young people access to any amounts the could encourage proflicacy until at least their mid twenties
In my experience dying interstate causes terrible problems.
The Duke and Duchess of Northumberland actually went to court to ensure that their oldest son did not benefit from a trust fund until he was 25, rather than 21.
That seems to me about the right age.
They were not living in this country at the time and I would imagine he used emotional blackmail on them, or he may have forged their consent, as they were splitting up they were not communicating with each other. He could do anything really.
To Trisher: the boy could not have received the money under age 18 unless his parents gave a receipt for it and gave it to him, which was not a great idea. My rule of thumb is, "the more noughts on the end of the cheque, the older they should be when they get it."
These, and similar situations, like a child getting divorced and half her inheritance going to your future ex SIL, or a beneficiary being bankrupt and their share going straight to the Official Receiver, or losing means tested benefit, substance abuse or gambling addictions are what discretionary trusts are for. These make a Will more expensive, but give you some control over your money from beyond the grave!
Just a word of warning. A friend of my DS was left money by his DGP, unfortunately when he got the money he was going through a bad time. His family had moved and then his mum and dad divorced. He was about 17 at the time and blew the lot. Went to France, drink, drugs etc. Eventually he was repatriated, but was skint. So maybe specify when they can get the money.
Unfortunately the law in Scotland is different to that in England and Wales, they have the concept of enforced heirship whereas we have complete testamentary freedom. Anyone living in one country and owning property in the other needs two wills.
Bizarrely, the law has just changed so an English will can now deal with property in other EU countries, except Denmark, Ireland and the rest of the UK (e.g. Scotland!). However the Will must make a specific election as to choice of national law, so anyone owning property in the EU would need to make a new will in England or Wales to have that law deal with the foreign property, rather than the foreign law (lex situs).
There is page about Making a Will in Scotland at
www.makingawill.org.uk/articles-making-a-will-in-scotland-details-4.html
We have been told by our Scottish solicitor that if we move permanently to Scotland, we have to make a new will to reflect Scottish inheritance law.
I'm not sure that the differences are significant when moving the other way.
x
I have just re-made my will this week at the suggestion of my lawyer (!££) as he felt, since DH died, things have changed somewhat. I have left 10% to the gc's and 30% each to the 3 daughters. I have not included specific items, but am in the process of writing a list of who gets what (I won't be there to see the fur fly
) and intend for them to help themselves to these items as soon as. I may well give these away before I am 'harvested' (lovely phrase!) depending on whether I want/need them. My lawyer says I would have to re-make the will if I were to move south of the border to England. Does anyone know if this is the case? Iaincam would perhaps know? I am loathe to do this; after all a will's a will for a' that!
As a solicitor I can promise you not having a will causes far more arguments and problems than having one (and generates dozens of times more in legal costs). Does Mollie realise that in her situation if she dies first her son gets nothing and when her husband dies, if he really has no family, everything goes to The Treasury, or Prince Charles depending on where you live? By all means spend what you need to live comfortably, but at least give what's left to your favourite charity.
In my experience wills have always caused problems, no matter how fair (or otherwise) they were. We haven't made ours yet, putting off looking at what lies ahead I suspect. He has no family, only me, so if it all comes to me I think I'm inclined to liquidate the lot and make sure my later years are comfortable. What's left will go to my only living son and he's already far, far better off than me. And his only child has so much coming to her from other directions that my little bit won't even be noticed.
It is possible to create a special vulnerable persons trust in your Will that has tax advantages over other types of trust and can protect benefits from the effect of inheriting a lump sum.
I have DD living close by with SIL and 2 DGS. We are very close and see each other all the time and I know she will look after us when we get older. They live in a modest house and are not very well off.
DS, on the other hand, lives in Sydney, is lousy at keeping in contact and he and his DW are very much into their careers with no sign of having children (they do have 2 dogs that they call 'the girls'!). They are also loaded and think nothing of spending thousands of dollars on luxuries. He won't look after us, for obvious reasons.
I therefore think my DD deserves more than DS when we kark it, but how to do it? My idea is to split the estate 33% to DD, 33% to DS and 33% split between all surviving DGC (probably only DDs DSs). We've already hinted at this to DS and he doesn't seem bothered by it.
That being said, my 2 irresponsible siblings are desperately trying to claw what money they can from my mum now (my dad is deceased). They have been trying to get my mum to give them money for this or that, pleading poverty. Thankfully she is living with my other sibling, who is responsible and watching out for mum's interests. We have both told my mum to use her money to help herself out - if she doesn't have any left when she goes, we're not worried. The money was left by my dad for mum to make her life comfortable and so she'd have the care and things that she needs, not for her to go without so it could be inherited.
My parents have left everything to be divided equally for the grandchildren, as I have two siblings that are quite irresponsible with money and they didn't want them to blow through any inheritance and not let the grandchildren benefit. They spoke to me and my other sibling about it and we were fine with that. We've all got between 2-4 children so it's pretty fair IMO.
I've left a small amount to my oldest daughter. She is no-contact with me right now due to a controlling boyfriend's input and her dreadful behaviour towards her young brothers (my two younger dcs) that I called her on (politely but firmly - she obviously didn't like that). She is an adult and self supporting, and financially does not really need the money. The remainder is left to my two younger dcs as they are still primary school age and both have disabilities, so the money will be put in trust for them and/or be used for their care if something happens to me. It's not going to be a huge amount anyway. I've not left any money to my grandchild, as I expect dd to sort something for him out of the money I've left her. Once my younger dcs reach 18, then I will likely adjust things accordingly, but right now, I have to put the money where there is the most need.
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I shall leave the money between the children- they can sort out any grandchildren.
I have told my children that they are not to look after me when I am old and if I change my mind they are to ignore it- what I say now is what I really mean.
It's all very well saying I don't intend to be a burden to my children. I heard my mil discussing this with my DM . My DM died fairly rapidly at my home after that having cared for her mother and then sister for some time. I had her with me for a short while. Mil moved to be near SIL who had no intention of having her to live with her and for all her words about being a burden she desperately wanted to live with her daughter and be looked after by her. She died after a fall in a very luxurious care home but she was extremely needy in her last years . No care was good enough.
Junglebellsfrocks: apologies, we have been away and I have only just spotted your comment on this topic. If you should read this........
Well, my husband and I have very different views on this topic. He feels that as he has studied and worked hard, he wants to make life easier for his children now and not make them wait until we die. He says that if his sons-in-law were not hard-working decent young men, he would have had second thoughts as, has been mentioned in this forum, hard-earned money can disappear in a divorce case, which is very sad.
I was less inclined to give so much away and wondered about willing it directly to the grandchildren, although there is also a burden to having money at a young age. I have personal experience of knowing a family who bought their 18-year-old son a sports car and very sadly, he drove too fast and died in an accident. The thought of our grandsons (in particular) having access to that money at an age when they would not be properly responsible for its use, was a great worry so I agreed with my husband's plan.
In direct answer to your question: our house is now quite valuable and I understand that good-quality care homes cost anything from £1,200 per week upwards. This type of calculation gives us some years of care and our daughters have said should we fall short, they will chip in!
I did look into facts and figures of care homes and although they vary considerably in terms of both comfort and cost (as with anything, I guess!) I understand that the average time an elderly person spends in a care home is around two years. We will comfortably meet this criteria if we were to sell our home.
I have had experience of looking after my mother post stroke and general failing health and prior to that, for many years after she was widowed in her forties. There is absolutely no way I wish our daughters to have that responsibilty for us and would do anything for that not to happen. It pretty much destroyed the relationship I had with my mother, who became, as she became frailer in body - but not in mind - very bitter and frustrated with her existence, and understanably too!
I have in mind, a plan to have live-in help and keep nagging my husband to esnure that there is enough disposable income left to ensure that this is a possibilty....
My own health hasn't been the best for much of my life and quite honestly, I don't expect to go on and on into ripe old-age, so money-wise, it makes sense to unburden some of it now.
I realise how fortunate I am in that my situation is such that I have options and understand that many do not. We are generous with our money, both to family and to the wider world too and feel we are using what we have wisely, which is the best we can do.
This may look as if we have zillions and zillions, which we don't but what we do have (much much less than before our gifts! Incidentally, nothing was inherited) should be enough to see us through....I hope!
By the by, I have been advised that we should move house now, while we have the physical capability to sort through nearly fifty-years of possessions etc. Apparently we are missing a trick by not doing it at this stage of our lives. I do wonder if that is code for 'if you don't move soon, when you pop your clogs, we will hire a skip and the entire contents of your home will be gone in a trice' but who knows.....!
It's called SKI-ING
(Spending the Kids' Inheritance)
We've never inherited much at all, except love and memories!
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