I need to write my Will - help needed please

There’s really no such thing as a “best” Will as everyone's circumstances and what they want to happen in the event of their death will differ.

They key issue in MT62's family is how the property is owed.

If the property is owned as joint tenants then on the death of the first, their share will pass to the other under right of survivorship. That applies to married couples, civil partners and co-habiting couples. Right of survivorship takes precedence over any instructions in a Will.

However, co-habitees do not enjoy the same IHT exemptions that married couples and civil partners do so for a co-habiting couple, the property share will count for IHT.

If the property is owned as tenants in common then who will inherit their share must be stipulated in a Will.

Where there are children who are not the children of both co-habitees then care needs to be taken.

Say the mother of the child dies and her share of the property passes to her partner but the child is not his.

He could then Will his entire estate away from the child. If he dies without making a Will, his estate would pass through his family line - in order - to any children he has from a previous relationship, or to his parents or to his siblings.

Always consult a solicitor to explain exactly what you want to happen.

Wouldn't the child's future be more secure if she was married?
As far as I know if either partner died inheritance tax would have to be paid on the house ? Probably meaning having to sell it and the added disruption of moving at a time of bereavement.
Whereas if they are married each inherits from the other without tax.
Is that correct Graphite?
I think people who have children and own property should seriously consider getting married.

All the more important to make a will. Advise her to speak to a solicitor who will talk her through all the What If? scenarios.

What is the best will to have if you aren’t married? I keep suggesting my 40 year old daughter does one.
She has a child, not married, partner.
House is in joint names.

Georgesgran

Personally, I’d do wills and start PoAs with a local solicitor - ask friends etc for recommendation if you don’t have one.

You can do POA online & a lot cheaper than using a solicitor.
Helped the Age will also help fill in forms for a small donation

‘Graphite

Mirror Wills are not a good idea. They are not legally binding on the surviving spouse who can make a new Will redirecting assets elsewhere.

Whoever you use, speak to a professional’

I agree, it have a friend whose father remarried at a very old age. She was a family friend who my friend had known all her life so she was very happy for them. However, when her father died she discovered that he’d changed his will and left everything to his second wife. My friend was a bit upset but not too worried at the time as she felt that his widow would do the right thing towards her and her brother when the time came. However, she discovered on her stepmother’s death that she’d left everything to her own children. This just goes to show, even if you trust your spouse to do the right thing after you’ve gone, I guess you never know.

On a radio phone in the expert said you can see if a will has been registered on www.certainty.co.uk

My BIL was under the impression that he and his wife had mirror Wills leaving everything to each other.

She passed away a few years ago and he discovered she had left £100,000 to their 2 adult children which was money her Mother had left her. He was upset that she had not told him this and also that it felt like she did not trust him to provide for them. His Will leaves everything to them - house, car, savings etc so they would not have lost out. They have already raced through all the money on holidays, cars etc and are cadging from him again.

Use professional help.

I had reason to speak to a legal team recently re a will and I was also told that all wills are registered with the National Wills Register so I would try there first before you hunt further, nothing more frustating that looking for something you can't find as I well know!

Very good point Graphite re mirror wills, I have often thought that.

You have just missed out on Free Wills Month in March but there should be another one in October.
It is always best to use a solicitor, not a Will Writer, or you could end up paying far more to a solicitor to sort out any problems arising from your will.

We have LPOAs and are in the process of updating our wills as our circumstances have changed.

A distant relative’s farher used a will writer and it has taken over twelve years to sort out the will due to the incompetence of the will writer.

Mirror Wills are not a good idea. They are not legally binding on the surviving spouse who can make a new Will redirecting assets elsewhere.

Whoever you use, speak to a professional.

Your Will may have been registered with the National Will Register you can check on their website or if you prefer there is a helpline telephone number.

If you leave a donation to a charity of your choice, you could have your will done free by a solicitor who participates in this service.
www.moneysavingexpert.com/family/free-cheap-wills/

You could try asking St Anthony of Padua first to help you find the old one. 🙂

Dear St Anthony, full of grace
Lead me to its hiding place.

Personally, I’d do wills and start PoAs with a local solicitor - ask friends etc for recommendation if you don’t have one.