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Legal, pensions and money

Will making

(30 Posts)
PoshGran Mon 06-Feb-17 17:44:05

Does anyone have any experience in successfully persuading a family member into making a will?

My brother is nearly 80 & has not made a will. He owns outright a small property (some 200 miles away from me) & has two offspring from his first marriage, one of whom he has been estranged from for 40-plus years. He lost his second wife three years ago, there were no children.

We have only really become close in the last five years or so & I have gently raised the issue as he has increasingly problematic health issues. His spoken wishes are that only his son benefits, but despite my pointing out that legally "Wishes are not Wills" he still has not done anything.

I think that my nephew (who lives even further away) & I need to start the difficult conversation between us, but I would welcome your suggestions as to what course we could consider. Has anyone been persuaded to make a will after resisting for a long time?
What do you reckon?

iaincam Tue 28-Mar-17 14:18:55

Tricia, assuming you haven't made Wills, DO IT NOW! If you made old wills before you married, they were revoked by the marriage so you don't have Wills

Any assets you own jointly will pass to the survivor the survivor and then by their Will or their intestacy to their family. Any assets in your sole name will pass to your spouse and then under their will etc.

You should take advice from a specialist Solicitor (member of Society of Trust and Estate Practitioners, STEP, and/or Solicitors Forth the Elderly, SFE)

You need wills with trusts.

TriciaF Tue 28-Mar-17 18:02:11

Thanks Iain I thought that would be the case.
As I'm older than my husband I'm likely to die first. He says he would spend it all, but ultimately his daughter would inherit anything left. We haven't so much, btw. It just seems a bit unfair on my 3.
Not that they're very materialistic, but I've seen the discord in families about things like this, and wouldn't want it to happen to our family.
Husband won't think about it.

Starlady Sun 02-Apr-17 23:35:23

Trish, have you thought about giving your children some money NOW, while you're still alive? That way, dh doesn't have to think about them if he doesn't want to and you won't have to worry about resentment in the family after you're gone. Make sense?

TriciaF Mon 03-Apr-17 11:21:23

Thanks starlady, that's a good idea, but we don't have actual money. We do have 2 houses, one in England and one in France.Different rules for each country. We should sell this one (France) but houses like ours aren't selling at the moment, too many on the market.