About wills (after reading another thread in Actives

Anyone living abroad should take great interest in the Will's they have as they may become useless IF the UK actually leaves the EU.

You may be forced to get a Will in the country that you are living in if you aren't already required to by their own laws.

Unfortunately here in Cyprus the freedom afforded to British subjects to gift their Cypriot assets by will to whom they wish has been severely restricted owing to the July 2015 revocation of Section 42 of CAP 195. This is a major change in the Law of Succession in Cyprus. I am not sure how this effects other Countries. However, under a choice of law provision in the Brussels 1V Regulation any person can choose the law of their country of their nationality as the law to govern the succession of their estate within the participating EU states. Which is why we needed to amend our Cyprus will. A UK will is not enough here, you must have a local one lodged with the court as otherwise the default position is that the law of your habitual residence will be the governing law for the distribution of your estate.

Since, (I think July) last year it is possible to put a clause in aUK will saying it applies in any EU Country and overrules their domestic law, under what is known as the Brussels IV convention. This prevents 'forced heirship' rules applying to British Nationals. You will have to amend or replace any earlier Wills.

Please accept my deepest sympathy to all who are recently bereaved. There is a lot of very useful information in this thread and if I may add my own comments.

For those of us who are resident abroad (especially in an EU country), but whose domicile is UK there may be added complications to do with wills. The law of the land where you are resident may insist on the way your overseas property is divided, no matter what your UK will says. We have just amended our Cypriot will to ensure that our wishes documented in our UK will are met. Here the remaining spouse will get 25% of the inheritance/money/property only, the remaining 75% is divided between any natural children, if there are no children of the marriage then the 75% goes to the nearest BLOOD relatives of the deceased.

My deepest sympathies, Bella. This is a difficult time for you, I know.

My deepest sympathies, also, to others in this thread who have recently lost a loved one.

If you can do probate without a solicitor, Bella, fine. If you find it too hard, then, I'm afraid, you'll have to use one. Did DH have one help prepare the will? That's who I would go to in that case.

Hulahoop, I'm wondering what you're finding to be a "minefield" about prepaid plans?

Jings, this is an interesting thread! And a valuable one, IMO!

Deepest sympathy to all who have recently lost oh ? I spoke with an undertaker recently he was very anti company G--- Ch who do prepaid wills he suggested a trust fund not sure which is best I find plans prepaid a minefield and can't decide which is best ?

7 years on and Ive just had problems with the tax man!!!!! I get a private pension from my late husbands works, so I have to pay tax. ( because I get this I do not qualify for a full state pension) The banks have now stopped paying the tax interest on savings and its now all done via the tax man.
In April I received a new tax code and on checking the pension payslip I saw that I was paying over £100 tax so I rang the taxman and on checking they said they were going by a form I had filled in, this form I filled in 7 years ago after my husband died and they were going by that!!!! I had to give them all my bank details ie savings and they worked my tax code out and it was put right. Ive been paying the wrong tax for 7 years without knowing!
Im now awaiting for a tax rebate.

Authorities-like the Inland Revenue-keep a close eye to see no one tries to deprive them of their funds so tread carefully.
DH and I have got mirror wills and POA in place too. We also downloaded a list from Google "what to do when someone dies" so we've got all the necessary info in one place so hopefully whichever one of us goes first it SHOULD be easier. It's all kept in one folder and even if we just go away for a few days we always say to DDs "folder's on a chair in dining room". One day they'll be glad. . .
Deepest sympathy to you Belladonna and all you others who have already walked this path.

Tresco. The presentation was from our local solicitor, not a trust company.

Ana, I am unsure of the details and need to discuss it in more detail with my solicitor, if i understood her correctly only 50% can be protected.

You must take independent legal advise.

Be careful about presentations that tell you how to avoid care home fees. This usually involves setting up a trust, charged for of course by the company doing the presentation. I went to one of these and was very uneasy about the presenter, then googled him and he seemed to be a rather shady character. Also, the fees charged seemed very high and the legality of a trust set up for the main purpose of avoiding care home fees is dubious. I'm not saying it can't be done, but would want advice from more than one company.

My husband's personal things caused a great deal or argument among my sons although they are all grown men. I think I handled it badly in retrospect so thread carefully. It's all so difficult.

That's interesting, GandTea. How is it possible to do that?

Belladonna, my DH didn't leave a will so everything came to me, the house was owned jointly anyway so probate was straightforward and only necessary because one company with which he had investments insisted.

After a presentation on wills last night, we must update our wills to protect us from care home fees.

Yes, we too made 'mirror' wills and told our children what they should expect..ie nothing until we had both died. Nevertheless, I do feel it's important for them to have some small personal thing to remind them of him
How long did it take for you to be able to deal with your husbands personal things?

My husband and I had made mirror wills which meant that he would have inherited all my "things" and I (sadly) inherited his.

The only snags really involved my 3 sons who became possessive of his possessions and argued about them.

The process of settling my husband's estate was hard work and took quite a long time, but it did keep my mind concentrated.

Some of it made me cry but I kept going knowing it had to be done.

Thanks, Faconbird and Anya for your comments. It's only three weeks since my dh died and I am obviously still adjusting to life without him. Sorting out his affairs though is helping me to engage with things that prevent me sinking into depression.
I have looked online and it seems reasonably straightforward so far thanks to my dh meticulously kept documentation. I certainly will do the same for my heirs.
Did you find any pitfalls, snags in the process?

I found it quite easy to apply for Probate (if it's required) online. I took advantage of a local solicitor's offer of half an hour's free advice and he talked me through it.

But I shall be doing what you have done, Jenty61 as I want to make things as easy for my family as possible when the time comes.

when my husband died suddenly I was in absolute turmoil with all the paperwork as there was no will, people seem to think its all straight forward but thats not the case.

I do not want my kids to go through what I went through so I have written my will I did this on line with Ten Minute Will. I have also paid for my funeral and chosen what I want for the service , I have written down a list of things my executor needs to do in order of importance so as to make it easier.

That's correct Anya - I think I had eight and used most of them. It's four years ago now so my memory is fading (mercifully.) As far as I recall I used most of them.

You get copies of the Death Certificate when you go to register the death at a local register office. You may need to make an appointment and will have to pay for extra copies.

Belladonna - so sorry to hear about your husband. Was it recently? When my dh passed away the first thing I had to do was obtain copies of the death certificate for Insurance Companies, the bank etc., Some institutions want originals.

Let me know how you are getting on - it's such a really awful time.

How does one start to sort everything out when one's husband dies? He left a will and everything goes to me...so everything should be fairly straightforward.
I don't want to use solicitors because they charge so much and I have so many other bills to pay.
What's the first thing to do?

I agree, I have made a will, a living will and Lasting Power of Attorney having seen such misery and upset when these are not in place.

Hear, hear. My DS who died suddenly in her 40s had not made a will. My parents were appointed administrators and had to go through all the problems of dealing with an intestate estate plus effecting a Deed of Arrangement because the family wanted to distribute her estate other than in the form stipulated on intestatcy.

The same applies to Powers of Attorney. I have twice had to deal with the affairs of older relatives who had refused to make these, despite being encouraged to do so by siblings who had. I had to manage the lives and affairs of an aunt and uncle for nearly six months before we could sort out the POA. Two of us were making decisions about their well being and affairs while having no standing other than that of next-of-kin and no access to their financial resources. We were dependent on occasionally managing to encourage my uncle to sign a cheque and financing their lives from our own pockets. Yes, we got the money back, but needed to have it in our own banks in the first place. They ended up owing me over £6,000 because I had been paying their care home bills.

Granny23 is absolutely right, a Will is never for your own benefit, but to make life a little bit easier for whoever has to tidy up after your death. Recent research shows the average price of a simple Will is around £150 plus VAT, which is not that much in the scheme of things, when even the simplest funeral will cost over £3,000.