Wills

I just wanted to add that I believe Deeds of Arrangement have to be made within two years of the death of the testator.

A Deed of Variation (same thing, I think) does require extra paperwork and hassle, and the consent of all the beneficiaries who are affected. If you know what you want, it's better to set it up in the will rather than leave your heirs struggling to amend it.

A colleague's children were left substantial sums by an estranged grandparent.
They weren't allowed to touch it until they were 25, and when the time came to wrap it up, the lawyers dragged it out for months on end and charged eye watering amounts for every phone call and email.
Just saying.

Re solicitors coming to the house, a friend who was very weak not long before he died, decided to change his will. The solicitor came to the house and brought two witnesses with him. Obviously there would have been an extra charge, but I gather that it was not at all excessive.

Left in a trust, I should have added!

Re Deeds of Vatiation, my dh and his brothers did one in order to reinstate another brother who'd been left out because the deceased hadn't wanted his spendthrift wife having any of her money!
By the time she died, though, Spendthrift (she really was) had been Ex for quite a while.
I don't think the D of V was too much of a hassle.

grannyticktock You are right I got the name wrong. But deeds of variation are made after the deceased has made a clear will, entirely to their satisfaction, but for all kinds of reasons the beneficiaries may want/need to change it. Some examples are given above.

My DF left his estate to be divided between his two daughters, I wanted to transfer some of that money to my children without there being an inheritance tax issue if I died within 7 years, So a deed of varation was made so that some of my share went direct to the children from his estate, My sister was quite happy with that as it didn't affect her at all. The job was quickly and inexpensively done.

Rainsong there is no way that you can dictate what will happen to your house after you die. It wouldn't be fair , even if you could. You don't know what is going to happen after you are gone - let your descendants decide what to do with it.

stella1949 - although I agree with your sentiment, the point about a Trust is that you can say what you want to happen to a piece of property. You appoint Trustees to manage it for that reason.
It is not worth doing for most people, and as I said in my post, can cause aggravation a few generations down the line (exactly your point) but it can be done.

English laws dictate that your estate will pass to the next blood relative, if you're quite happy with that then don't make a will. Wills can always be contested in court.

Dying intestate is a bit more complicated than your estate going to the next blood relative.

Citizen's Advice summarise the rules at: www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

That's incorrect. English law dictates that the first part of your estate will pass to a spouse, civil partner or even an informally separated former partner i.e. not a blood relative. CAB have a good guide. www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

M0nica - my thoughts exactly - posted at almost same time.

MeltingMacaron I done it myself. Two minds that think as one!

How/where can you find out if you are joint owners or tenant in common?

I am curious, do I have a right to contest my mother in laws will? She is leaving her estate to her daughter and her daughters son and my younger daughter , (child of her deceased son), do my grandchildren,children of my deceased elder daughter have any rights as grandchildren of her deceased son ?

Yes I am sure they do Anniebach . When my DH's mother died there were 3 surviving children and 1 deceased. A long complicated story involving my DH signing away his share.....but nevertheless the deceased sisters 2 children were legally entitled to what would have been their mothers share.

No, not if it is a legally drawn up will. In this country we do not have strict inheritance rules like the French that lay down stated amounts to go to those in stated relationships.

I think the only reasons for challenging a will in the UK are 'undue influence', where someone persuades someone frail and/or mentally incapacitated to make a will in their favour. These come up frequently. Then if someone is left out of the will who was financially dependent on the deceased, say a child or someone disabled and where someone has worked in a business for a little or no salary because they were cosntantly being told the business would be theirs when a parent(almost invariably) dies.

Gillybob is not wrong, but I think in her MiL's case the money was left to all the children then one died and no change was made to the will. In that case the deceased child's share will go to their children. I inherited a small sum of money from an uncle. It had been left to my father, but my father predceased him, so my sister and I got it.

Gillybob, I think the title deeds of your house will make it clear what sort of ownership you have. Failing that, you can ask the Land Registry.

Be very careful writing your own wills. My late mother did this, had it legally witnessed by friends but the will was invalid.

Why?

Because she had not signed it directiy under the last entry/sentence. In the will she had left everything divided between her children. In the event, the will was invalid, so her estranged husband (not divorced) was the beneficiary.

This is just one example of why it might be wiser to have a solicitor draw up your will. It doesn’t cost much and at the same time you should consider both kinds of LPAs.

Exactly what happened M0nica the mothers estate was shared between the four children (the deceased sister's children getting her share).

Not relevant at all but my DH signed away his share even though we (out of all of the siblings) needed the money the most. I was quite upset at the time but totally understood his reasons for doing so.

Thank you grannyticktock I will look into it.

Thank you gilly and Monica. Mother in law changed her will after my daughter died. I wouldn’t have done if it was allowed. I am cross with her because she is leaving her second husbands children out of her will, that makes me cross, but not my business .

I can understand you being cross Anniebach . Why would she change her will after your DD died other than to deliberately cut out your DD's children? I can't understand anyone doing that.

When my DH refused his share of his mothers estate I was quite upset because we really needed that money. He even went as far as to sending his mothers wedding and engagement rings back with a note to the undertaker who handed it to him in a small pouch at the funeral.

it Is unkind gilly, her son would be so proud of his grandchildren and would have loved them as much as I do. Her choice. She is a most unpleasant woman, she had a darling mother who didn’t want to be buried in a family plot near the canal but in a churchyard in town, she said it would cost her more money to pay for a new grave so into the canal graveyard her lovely mother went. My husband was furious.

One of my uncles (by marriage)left his whole estate to charity because fighting over how wills distributed money was endemic in his family.