Daughter's divorce

I’m sure I saw an advert this week for a charity will writing offer by Air Ambulance - £40 and you don’t have to leave them anything if you don’t want to although obviously they would like you to!

I was in an identical situation last year when I made a new will, my eldest son was going through a toxic divorce in the US and also potential bankruptcy. My solicitor advised me to set up a Trust so that when I die, my whole estate goes into a Trust administered by my other two children who live in the UK. They have the choice of leaving the money in the Trust and following my requests in my letter of intent or closing the Trust and dividing the inheritance three ways ( it’s a very simple will!). I’ve discussed everything with all three of them so there will be no surprises.

This means that should my eldest son still be negotiating, he will not get an inheritance so it is not part of the marital assets. The executors are instructed to give him a small sum to help with any legal fees or allow him a small monthly income but not to pay him his full third until two years after the financial settlement. My other children can do what they like with their own share but I understand they like the idea of drawing income from the Trust rather than having a lump sum.

This also protects my eldest sons inheritance if his ex wife manages to succeed in her desire to make him bankrupt as he actually has no inheritance while the Trust is still active.

Obviously I did have to pay my solicitor for this advice and Trust paperwork but I did not think it was very expensive and well worth it for my peace of mind. I appreciate you do not have the funds to do this but I hope you do follow Monica's advice and consider equity release, you might appreciate some cash at this moment for house repairs or even some treats for yourself.

I don’t understand why Exdancer isn’t eligible for some benefits as the value of her home isn’t taken into consideration when assessing eligibility.

Pension credit and council tax support should both be available to her if her only income is the basic state pension and she has no savings to speak of. Citizens advice would help with a benefit entitlement check.

Or what M0nica has suggested.

There is no point in being asset-rich, cash-poor.

Barmeyoldbat

Many charities offer free writing service or at a reduced rate of £40_. You could google charities offering a will service and see what comes up and then write a new will.

And what Elizabeth27 said too

If you leave a certain amount in your will to a charity which offers a will service it may be free.
It will all be done properly through a solicitor.

Ex-dancer If you do not receive benefits of any kind, then and even better reason for releasing some of the equity in your house. Possibly £50,000, again I am grabbing a number from the air. Interest is rolled up an paid from your estate, but interest rates are still quite low, so that is unlikely to be a problem. You will then be able to live in comfort without money worries

Why not discuss this with your daughter. Yes, she will inherit less, but with a house like yours with land, the value is going to rise with rising land prices anyway.

When I worked for Age UK, I used to find it so frustrating to visit people in their 80s, living in penury, unable to qualify for any benefits but refusing to draw any money from their, substantial savings or from the high value of their houses, because it had been put aside for a rainy day.

They would tell me this, wrapped in blankets shivering in front of a gas fire as the CH had broken down and they could not afford to have it repaired, but any suggestion from me that the rainy day that their savings had been made for had come, that in fact the rain was torrential and that just a small sum of money could make life so much easier for them would be dismissed out of hand.

Many charities offer a free will service in exchange for you leaving them £100 in your will to the charity. Google charity will writing, there are many.

A Power of POA is already in place, I get the feeling that the solicitor has seen a little old lady (me) and is thinking of getting a little bit of any spare cash she is sitting on. The trouble is there is nothing to sit on, I am next to skint.
I cannot claim any benefits because of the house, and the land that is attached to it.
It looks as though I'll just have to stay alive.
My soon to be ex SIL's solicitor thinks my daughter will be able to pay him a million. I can see this dragging on for years.

Our POAs were done through a solicitor acting on behalf of VOCAL - carers association in Scotland. DH did not have to pay much, I paid a small amount. GP then signed it and charged small amount then it was registered centrally. You can do that yourself but safer asking someone. I'm sure citizens advice would direct you. For a will probably best to get a lawyer's advice as many things can go wrong.

That has always been the case Dabi.

Last I read about Holographic wills that stuck was that all parties need to sign together in sequence. That is, the writer of the will signs in front of the two witnesses and they in turn sign in front of each other. That was a key piece in a legal battle to overturn a hand written will.

Many charities offer free writing service or at a reduced rate of £40_. You could google charities offering a will service and see what comes up and then write a new will.

Hello! Just caught up. Thanks for thinking I can be of any use.

I’d say that making a new will is probably better than adding a codicil to the existing one, but on no account try to do this yourself as it’s unbelievably easy to end up invalidating the will and ending up intestate. A letter, even if witnessed, is very definitely not the way to go. Letters are sometimes used to explain why someone has been left out of a will, not for what you want to achieve. I see no reason why a new will should cost much more than a codicil would.

Your daughter might be in need of funds after her divorce so rather than the money going directly to her children I would suggest you ask your solicitor if it would be possible to word the will so that if you should die before the divorce and the attendant financial order (that’s the really important bit, finances are often sorted out after the divorce has gone through) your daughter’s legacy is not to vest (belong to her) until that’s all done and dusted, and is to be invested by your executors in the meantime. Now I wasn’t a probate or divorce lawyer so your daughter’s divorce lawyer needs to advise whether that arrangement would keep the inheritance away from her husband. It may not, just a suggestion to avoid depriving your daughter of money she may need. If the divorce lawyer thinks it would work then writing it into a will wouldn’t be costly IMO.

As regards the power of attorney, it’s definitely advisable to have one for financial affairs and one for health decisions (and would save the people trying to look after things if you become incapable a lot of stress and money) but I understand your worries about costs. Your solicitor can only advise you, he can’t insist on anything.

MOnica’s suggestion of releasing a small amount of equity is a good one and she knows her stuff, having worked for Age UK. It shouldn’t cost anything to see a financial adviser about this and it would enable you to pay for the will and POA without worry and give you the security of a financial cushion.

I hope something along the lines of what I’ve suggested is workable (but that you live for a long time after the divorce!).

Lucca

Where is Germanshepherdsmum ?!

I was thinking that Lucca. Why don’t you try a pm. to her ExDancer

Where is Germanshepherdsmum ?!

Going off at a tangent. Why do you not release some equity from your house? Say £20,000, I am grabbing figures from the air. Yo would then be in a postion to have some money behind you to pay for sudden needs like this, whether legal cost or getting a new washing machine when needed or help with the garden.

If you are on Pension Credit, you need to make sure it is within the savings bounds bpermitted for benefits, but worth thinking about.

Contact your local Age UK, they can give help and advice on this matter and possibly recommend a broker who can do it.

After a difficult divorce in the family I totally understand your worries ExDancer and agree with gandtante advice from the CAB could well clarify for you. I hope this can be sorted soon to set your mind at rest.

I'm pretty sure DD hasn't told me everything, but she did say her bank account is frozen - that was the word she used, 'frozen'.
Its not for me to pry into her circumstances, I know she was [saying into a private pension and that's gone into the joint pot. I don't want my asserts going into the same pot if I fall under a bus tomorrow.
You can download codicil forms but they're all American, even if you add UK to your search!

As your daughter and family are going to benefit could she not pay for the Will to be drawn up, or pay for further advice from another solicitor?

I understand ExDancer. I don't think a signed note from you would be legal, I'm afraid. But I'm not a lawyer. I'm not sure that you would get a bank loan either. It's a pickle. You could ask your lawyer why a codicil wouldn't be enough. Or if you could pay up the cost of a new will.

I went through a very similar divorce and it dragged on for 2 years, so you're probably wise to add a codicil. I added a codicil to my will last year and was told to write a letter of intent which was attached to the will along with the codicil. The letter of intent was to explain exactly why I was altering the original will just in case anyone tried to challenge the will. It cost around £120 inc vat London prices. So definitely cheaper than the will but not free either.

grandmabatty, if I die my property will go to my DD and will be added to her 'estate'. She already owned the house they live in as well as a small business. Thats why the divorce is 'messy' because she has more assets than him, and he wants half of everything.
I don't understand the ins and outs to be honest, but I don't want him to be able to claim half of the money I have to go to him.

A simple will should cost less than £200. I assume you already have Power of Attorney if not get it done, ideally with a different solicitor.
Phone around and get quotes.
You can arrange a trust to protect the inheritance from the soon to be ex husband. As your daughter will be the one to inherit ask her to help you pay to protect her inheritance.

Can't Citizen's advice help you clarify whether a hand-written and duly witnessed codicil is legal?

Or would it not be possible to find a free half-hour consultation with a solicitor?

You could try phoning a University professor who teaches law - specifically probate and inheritance and asking his or her advice. Some would be willing to answer the query, others not so delighted to help.

I think your friend is right. You don’t need to pay hundreds of pounds to a Solicitor. I’m not legally qualified. Someone more qualified than me will probably come along and give you better advice . Best wishes ..

Why don't you want your daughter to inherit? If she's already divorcing, then surely her ex can't claim on your estate. If this is the only reason, then ask her to find out via her lawyer.