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Legal, pensions and money

Making new will

(31 Posts)
BlueSapphire Thu 14-Feb-19 22:47:41

Appointment with solicitor next week to discuss my new will.
DH died last year and I really do need to make a new will as we had mirror wills.
Our previous wills had a discretionary trust whereby half the house was left to the DC and the other half to the surviving partner (me).
Obviously I now need to make a new will to deal with my half, and am thinking leaving the remainder, one third to DS, one third to DD and the remaining third to be divided between the DGCs.
I have absolutely no idea of whether what I am doing is right and would like some advice before I see the solicitor next week, please, if anyone could be so kind.

Anja Thu 14-Feb-19 22:50:46

I think your solicitor will be your best bet for sound advice. Tell them what you want and listen to how they think it ought to be worded.

cornergran Thu 14-Feb-19 22:58:06

The solicitor will explain any pitfalls and word your will to reflect your wishes. If it’s any help bluesaphire our wills also divide some assets into three with one third portion to be divided between however many grandchildren there might be. There isn’t a right way to divide assets, everyone is different and will have their individual preferences. Your solicitor will advise and make sure the outcome is within the law. Please don’t worry, you will find your solicitor will help you through the process.

notnecessarilywiser Fri 15-Feb-19 00:29:17

It's up to you, but worth mentioning that on Mumsnet there are frequent threads along the lines of "my DM left a third to me, a third to my brother and the remaining third to be divided between the DGC, but my brother has three children and I have only one - this is so unfair!" or "... the remaining third to be divided between the DGC, but at the time she died I was 8 months pregnant with my first child so she's not being included - this is so unfair!" (It often transpires that the sum in question is about £7.50!! grin )

theretheredear Fri 15-Feb-19 00:46:10

I have recently done my will. I have left it equal between my children. I have told them this & given them copies. I think this is fair & simple, avoids any mis understanding.
It is up to them if or how they choose to share this with their children or any future children.

Faye Fri 15-Feb-19 09:10:53

One thing I think is important is to specify in your will that any of your DC’s inheritance is passed on to their own DC should one of them die before you.

I have personally seen this happen a few times and have experienced it myself. My single aunt died and left a share to each of her siblings. My DM died before her elder sister, when my aunt died my DM’s share went to my cousins.

Davidhs Fri 15-Feb-19 09:22:46

There are always going to be anomalies and unborn children are one of those, you cannot anticipate the future and there are always going to be surprises and disappointments.
Make modest individual bequests and leave the bulk of the estate divided equally between loved ones is a good way of doing it. Disputes over wills are common and lawyers get rich!

MawBroon Fri 15-Feb-19 09:58:24

Are you sure you need to do this? We too had “mirror wills” but in the event of either partner predeceasing the other, (which happened) we each left everything to our three children and in the event of any of the children predeceasing either of us, their children would get their share of their mother’s share if you see what I mean. I believe the phrase is ex stirpes
I’ll post the explanation.

MawBroon Fri 15-Feb-19 09:59:52

per stirpes
en.wikipedia.org/wiki/Per_stirpes

Telly Fri 15-Feb-19 11:15:52

You can specify what you mean by grandchildren - to make sure that any additions are covered. (or not), without actually naming them.

grannyticktock Fri 15-Feb-19 17:32:44

Leaving assets to grandchildren has another complication: if they inherit before they are adults, there needs to be some arrangement for the money to be held in trust for them. Why not leave the assets to your own children, and let them share the money with their children as and when they think fit?

If you're leaving a proportion of a house, there will need to be some rules about who decides whether and when it is to be sold. Your solicitor should advise you on this.

Polly99 Fri 15-Feb-19 17:43:13

Just a point of interest. In the above case where only half the house is left to the surviving spouse, what happens if that person wishes to move, maybe nearer to AC or into a retirement complex for example.?Are they relying on the goodwill of AC to agree to the move?

silverlining48 Fri 15-Feb-19 17:45:32

I think it’s nice to leave something direct to grandchildren, who do not necessarily need to be named, thus allowing fir any others born after the Will was made. Just a small percentage of the estate perhaps, especially if you have a close relationship with them. It’s more personal than leaving the parents to decide as they see fit.

52bright Fri 15-Feb-19 19:44:46

Whatever you choose to do you will probably find that sometimes you had chosen something different. I know I do. In some ways it's nice that DH says 'whatever you think' but that's really a cop out leaving me with a lot of responsibility I don't particularly want and occasionally murmurings once the wills are signed. When I say 'we can always change things' its apparently too much trouble.

I have decided for now to feel we've done our best and must hope for the best but do sometimes feel we should make some changes.

52bright Fri 15-Feb-19 19:45:56

sometimes you wish you had chosen something different. Arhh!

BlueSapphire Fri 15-Feb-19 21:19:29

Thank you, lots of food for thought here. Will have a good discussion with the solicitor and not make a hasty decision.

M0nica Fri 15-Feb-19 22:27:49

We have organised our wills so that every share is expressed in percentages. We have left 1% of our estate to each grandchild. another % to godchildren and to a niece, and so on.

Only one of our AC is married with children. The other is determinedly single and childless and approaching the menopause. She has made it absolutely clear that we are free to leave as much of our estate as we wish to the DGC and she will not consider herself cheated in any way.

Anja Fri 15-Feb-19 22:43:14

Seriously p****d with my not so dear daughter today! Might cut her out of my will. That’ll larn ‘er!

Now I feel better.

M0nica Fri 15-Feb-19 23:10:02

I make that threat regularly, it gets me nowhere grin

Starlady Fri 22-Feb-19 16:11:43

I'm going to chime in with those who say that including the gc is too complicated. Imo, it is better just to divide your assets between your dc and let them decide what to give/leave to the gc. Also, I agree with the idea of including clauses about what happens if any of your dc predecease you or if they predecease the gc. In fact, your solicitor will probably advise you of this.

I can see leaving some funds for each gc in a trust to become available to them at a designated age. But including them as beneficiaries to the house, imo, is very tricky.

However, it is up to you. And yes, your solicitor can advise you better than any of us. Good luck!

tanith Fri 22-Feb-19 16:18:54

Difficult one regarding the GC as mine are nearly all grown up now and starting having babies of their own and so the circle turns?.
I’m not sure what to do to be honest just leave it to my 3 AC or designate some to the GC and GrtGC, there are already twelve with 2 more GrtGC on the way so there are lots of them.

watermeadow Fri 22-Feb-19 18:46:45

My assets will probably amount to about £35 so I’m reluctant to pay £200 for a proper will.
I’m tempted to give each daughter the same statement of my wishes (eg a quarter share each) and trust them to sort it out between themselves.
Is there anything wrong with this?

Tartlet Sat 23-Feb-19 01:34:20

If you don’t leave a will, your daughters will be legally obliged to follow the rules of intestacy rather than your statement of wishes. Although there’s a good chance that intestacy law will match your wishes, the unexpected can happen and it would be better to guard against that by leaving a will. It doesn’t have to be expensive if your wishes are simple and estate small, a friend bought a will form online to do a will dividing everything equally between her children (or grandchildren if their parent had predeceased her). She just needed to get it witnessed.

On the subject of grandchildren in wills, we recently redid our wills to remove the grandchildren and just bequeath to our children. This was on solicitor’s advice as we have lots of grandchildren and great grandchildren and more continue to arrive. We also have three step grandchildren which complicated matters rather. We do though have a letter of wishes which makes it clear that we would like our adult children to make some provision for their own children and grand children out of their share. We are content for them to decide what that provision should be.

stella1949 Sat 23-Feb-19 06:09:23

I'm not keen on the idea of leaving a house "half to the surviving spouse and half to the AC or whoever". That leaves the surviving spouse in the unenviable position of relying on her adult children to "allow" him/ her to sell up, move or whatever she/ he wants to do in their old age.

I've left our home entirely to DH. If he predeceases me it goes to the adult children.

Dolcelatte Sat 23-Feb-19 07:33:34

Stella, but what if he remarries and leaves everything to his new wife so that your children get nothing. That is what happened to me even though I had a close relationship with my father. He also changed his will without telling me for three years and then I was sworn to secrecy not to tell his wife, as she didn't want me to know. He said she had sworn to leave everything to me on her death. Six months after he died she moved a new man into the house and cut ties with me. The better course is to leave a life interest to spouse and then to children.