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Legal, pensions and money

Wills and fairness

(62 Posts)
trish29 Sun 14-Aug-16 22:47:58

I've just downsized and moved and now need to make a will. My daughter has a condition which means she was born severely deaf and is progressively losing her sight. She is very independent but her future is uncertain compared to my son who is married and has just managed to get onto the housing ladder (in London so very lucky).
I'm in a dilemma as to how I should split my estate. The obvious thing would be to ensure that my daughter is as well provided for as possible but I want my son to feel that he is left a fair share as well. Has anyone else had experience of not splitting the estate exactly evenly between children but feeling this is fair to all.

rubylady Sun 06-Nov-16 06:20:02

I'm leaving anything I have to the dog's home! smile

Ana Sat 05-Nov-16 22:11:51

Absolutely.

Anya Sat 05-Nov-16 21:59:39

An object lesson in how to disagree without getting knickers in a twist.

Ana Sat 05-Nov-16 21:49:37

Ha, ha - yes! wink

Anya Sat 05-Nov-16 21:48:14

We may differ on disinfecting hard flooring but we agree in this grin

Ana Sat 05-Nov-16 21:45:15

x posts, Anya, same advice though! smile

Ana Sat 05-Nov-16 21:44:08

Yes it does. The sons are on a hiding to nothing, but you do need to get proper legal advice, yesram96. Good luck!

Anya Sat 05-Nov-16 21:41:24

Grumppa is correct. So yestam96 his first will is invalid and you are his next of kin. You will need to file for probate. .Take Ana's advice.

Go and see a solicitor at once!

grumppa Sat 05-Nov-16 21:23:24

Doesn't marriage cancel pre-existing wills?

Ana Sat 05-Nov-16 20:45:08

If you were legally married, you are your husband's next of kin and entitled to the house as long as its value doesn't exceed a certain amount.

You should see a solicitor who deals with probate matters, you can have a half-hour consultation free of charge.

yesram96 Sat 05-Nov-16 20:39:15

my husband died july 23rd and he brought us a small hud home we fixed it up and my name was not on deed and only will was with his first wife from 1979 who is deceased and now sons want my home and are going to probate court.

Judthepud2 Thu 13-Oct-16 18:12:29

Lyndylou if you don't make a will and you die before your husband, your daughters will get nothing at all as if you die intestate, it all goes to your husband!! Just saying.

numberplease Wed 12-Oct-16 22:08:14

Sorry Daphne, only just seen your reply. She accepts that she will go into some kind f residential care. She`s not a youngster, she`s almost 53, so does realise that she won`t be living with me forever. As I said, she`ll receive an equal amount to what her brothers and sisters will get. They`ll help her get sorted when the time comes.

DaphneBroon Sat 08-Oct-16 10:04:38

Does she need anybody to administer/oversee her share number or will she be fine coping with that? I also wondered if you need to make any provision for her accommodation when the time comes?

numberplease Sat 08-Oct-16 03:16:36

We are leaving everything to be divided equally between our 5 children, despite the eldest being disabled. The solicitor drafting the wills asked if we wanted to leave her extra, but we said no, because we`re sure that the others will make sure that she will be alright.

Viv12345 Fri 07-Oct-16 11:32:29

Yes I agree it should be 50/50 but my son has had no contact does not
Wish to have any dispite husband and myself trying very hard.
He lives only 10 miles away.

He got married and told all his family that it was a new start for him
and wanted no contact with anymore that he was related to.

So that makes making a will very hard my daughter has been there
For us all her life

So does that make it fair that he had half I don't think so as sad as it
Is.

Stansgran Wed 14-Sept-16 16:54:59

And lodge the will with a solicitor . Don't just leave it in the family bible in a hidden compartment in grandma's desk. Yes dear uncle I'm talking about you.

iaincam Wed 14-Sept-16 11:30:35

Not read all of the posts, but so your daughter does not lose benefits but funds can still pay for holidays, special equipment etc. you could consider including a Vulnerable Beneficiary Trust in your Will, this also has tax advantages.

Speak to a specialist solicitor, says a specialist solicitor!

Misty22 Thu 18-Aug-16 01:20:39

I really feel that disclosing the content of one's will to family members must be carefully thought through as it can cause of lot of resentment from those members who feel they are 'entitled' to inheriting more of the estate or even all of it. And believe me, feeling 'entitled' they do! You end up wanting to sell up and spend the lot on yourself before you die!

nanasam Wed 17-Aug-16 14:18:00

My DS lives in Australia, he and DIL are high earners and it doesn't look as if they will have children. They are not very good at keeping in touch, although we do manage to see them every other year. My DD, on the other hand, lives close to me, has 2 DSs and I know she will look after me and my DH in our later years. I want to give my DD a larger share as she does a lot for us and will do more in the future. So I am thinking on splitting our inheritance 3 ways, one third for DD, one third for DS and one third to split between surviving DGCs. I don't think a 50/50 share is fair in this instance.

Lyndylou Wed 17-Aug-16 13:58:54

It gets even more complicated when step children are involved. I've been with my partner 12 years and the house is in my name, but to be fair, I doubt I could have kept paying the mortgage without his contribution. My 2 children will not get anything from their father but his two children from different mums, are each sole beneficiary to their mum's estates and those estates are each much more than mine. I want my children to have my house between them (providing care fees don't take it of course) as his will be well provided for. I have an insurance policy in case I go before him which he has been happy with, he doesn't want to stay in the house without me, but he wants to leave something to his children from it. It gets so difficult, I keep putting off making a will.

BGB31 Wed 17-Aug-16 13:38:02

My parent (I'm being very vague here - just in case...) has left everything to my child.
My sibling and I will get virtually nothing - a few knickknacks I think. (My sibling is actually a half-sib although we don't think about it like that - so they will get everything from their other parent - my other parent is dead a long time ago).
I have not fallen out with the parent concerned - we have a reasonable relationship, no better or worse than the relationship with the grandchild (who is as bewildered as I am about this).
I have asked the parent why they have done this (although that is awkward because I don't believe it's my 'right' to get anything).
No satisfactory answer. My financial position is not good - I don't own a home so it's not as if I am all fine and don't need anything.
I don't talk about it with the parent anymore.

dionysus43 Wed 17-Aug-16 11:43:43

I have three daughters , estate will be split 3 ways , also all 3 are executors , so they
will. all need to agree .
Have taken legal advice along the way .
Also have enduring power of attorney in place , ( I can trust them )
Funeral arrangements also paid for & in place ,my girls are fully conversant with all these arrangements.

Misty22 Wed 17-Aug-16 10:39:56

Trish29 you have received a fair few opinions on the matter of distribution of assets in your will. I feel for you as I understand how difficult it is to know just what to do as you and you alone can really make that decision as you alone know your own children and their needs. Although it is impossible to predict, you know that your daughter will need more support than your son. The advice I was given was that I can't plan for every eventuality and must write up my will as if I were to die tomorrow and the will were to take effect NOW. You can always change it as things develop and the future unfolds. Don't be hard on yourself. You are a courageous mum doing her very best for her children. Know that yourself and do what YOU think is best in today's situation. You can't do anymore can you?

Grannyknot Wed 17-Aug-16 07:41:30

I think peasblossom is responding to lilyflowers post from yesterday at 11:13.