Will writing

[pete01]

Many thanks for all your replies to date.

My situation is not entirely straightforward as I am divorced with 2 adult kids & have a partner of 24 years that I need to ensure a roof over her head, for which she would have no legal right as we are not married.

Therefore my priorities begin with my partner, followed by my 'kids' then finally my 2 grandchildren .. who I never hear from unless it's to thank me for sending them a few bob at Christmas. There are no great children, nor is there likely to be.
It would be nice to leave something to my partner's son as we get on really well, almost like father & son.

Why not get married just for the legal side of things that way your partner is protected (I know you might not want to)

If you did then you could leave a percentage to your 3 kids, say 40, 40, 20 for her son? Obviously you would both have to pass away (sorry) for that to come into play.

 

[motorbiking]

Many thanks for all your replies to date.

My situation is not entirely straightforward as I am divorced with 2 adult kids & have a partner of 24 years that I need to ensure a roof over her head, for which she would have no legal right as we are not married.

Therefore my priorities begin with my partner, followed by my 'kids' then finally my 2 grandchildren .. who I never hear from unless it's to thank me for sending them a few bob at Christmas. There are no great children, nor is there likely to be.
It would be nice to leave something to my partner's son as we get on really well, almost like father & son.

My situation is similar.

A few things to consider:
- you can take care of someone without giving them something.
- If you gift something to a younger partner you cannot stop them leaving it to someone else, so you have to think about what might happen to your kids "inheritance" when you die followed by your partner.

You may for example want to gift your partner a share of the estate and a Lifetime right to live rent free in your house, subject to certain conditions. This means your partner is taken care of "roof over their head" but upon her death, it flows back to your line.

I assume you are fully divorced with a Financial order? Otherwise your Will needs to disinherit your ex-wife.

Why not get married just for the legal side of things that way your partner is protected (I know you might not want to)

If you did then you could leave a percentage to your 3 kids.

and if after marrying you she decides she has had enough, she can treat the entire 24 years as a marriage-like relationship and claim 50% of your assets.

Marriage is not necessary unless you are terminally ill and subject to IHT.

 

[Collectors]

I would trust a solicitor as far as i can throw them. " Will tell you for why in a moment" I purchased my last house with my mother & the solicitor suggested a will, so we did at a cost around £200.00. Mum has now passed & i looked into a new will & went for an online one called tenminitwill. When i completed it, i had to get it witnessed by two others & all was done. Cost about £30.00 & is no different to the one done by a £200.00 solicitor. Now, at a later date when i was sorting things out to sell the house, i got in touch with another solicitor as i had to remove my mother's name from the house deeds & he said it would be around £240.00 to complete. After a couple of weeks i thought i would see what's involve. So i called the land registers office & asked what was involved & what charges it would encure. The nice gentleman said all i have to do is send a death certificate & details of myself & we will get her name removed. I asked what the charge would be. He said no charge. We only charge to add a name to the deeds. "Solicitors "

 

[pete01]

My situation is similar.

A few things to consider:
- you can take care of someone without giving them something.
- If you gift something to a younger partner you cannot stop them leaving it to someone else, so you have to think about what might happen to your kids "inheritance" when you die followed by your partner.

You may for example want to gift your partner a share of the estate and a Lifetime right to live rent free in your house, subject to certain conditions. This means your partner is taken care of "roof over their head" but upon her death, it flows back to your line.

I assume you are fully divorced with a Financial order? Otherwise your will needs to disinherit your ex-wife.



and if after marrying you she decides she has had enough, she can treat the entire 24 years as a marriage-like relationship and claim 50% of your assets.

Marriage is not necessary unless you are terminally ill and subject to IHT.

Arr yes I suppose you'd have to be 100% sure but who is..

 

[motorbiking]

I'm a 100% sure that they try harder when, a soft life is not theirs by "entitlement"

 

[gas112]

also remember if you want to disinherit your kids its always better to leave them a couple of grand and the reason why so they cant contest the will

 

[motorbiking]

I would trust a solicitor as far as i can throw them. " Will tell you for why in a moment" I purchased my last house with my mother & the solicitor suggested a will, so we did at a cost around £200.00. Mum has now passed & i looked into a new will & went for an online one called tenminitwill. When i completed it, i had to get it witnessed by two others & all was done. Cost about £30.00 & is no different to the one done by a £200.00 solicitor. Now, at a later date when i was sorting things out to sell the house, i got in touch with another solicitor as i had to remove my mother's name from the house deeds & he said it would be around £240.00 to complete. After a couple of weeks i thought i would see what's involve. So i called the land registers office & asked what was involved & what charges it would encure. The nice gentleman said all i have to do is send a death certificate & details of myself & we will get her name removed. I asked what the charge would be. He said no charge. We only charge to add a name to the deeds. "Solicitors "

To be fair the Conveyancing solicitor added value by setting the house purchase up that way and probably avoided tax for you too.

 

[norseman]

It sounds like you own a house in your name only?

If so, are you planning to leave the house to your partner? Or are you just wanting her to able to remain there for the remainder of her life?

Correct.
Probably the latter as my estate isn't worth a great deal, once you remove the property value, though my partner would be a beneficiary in so far as should she chose to move a percentage of the home's sale would go to her.
It's so difficult trying to ensure fairness to everyone, as there's always circumstances that you haven't thought of at the time of making the will.

 

[gas112]

Same as probate it was absolute doddle to do . Been a while but cost around 200 quid and trip to probate office for 5 mins and sign couple of forms

 

[motorbiking]

Correct.
Probably the latter as my estate isn't worth a great deal, once you remove the property value, though my partner would be a beneficiary in so far as should she chose to move a percentage of the home's sale would go to her.
It's so difficult trying to ensure fairness to everyone, as there's always circumstances that you haven't thought of at the time of making the will.

Some that you need to consider:
kids don't have a will, descendants or are unmarried - ex wife gets an unintended bonus
Partner marries a new guy and dies - new guy gets an unintended bonus.
Partner marries a new guy and gets divorced - see above
Kids get your house and are divorced.

If it's any help. I left my kids 80% even split and my partner 20% plus 15 year tenancy - we've been together 4 years.

Next update will see the partner getting a lifetime tenancy. As much as I love her family, I would want my legacy to go mostly to my kids.
and Rachel Reeves of course.

 

[motorbiking]

I was asking where and how to present it when drafting the Will.

The general rule is, it doesn't much matter as long as its clear.

 

[Rodders53]

Be aware, that solicitors can write Wills, which makes them the Executors.

I'd already said

NEVER appoint a Solicitor or Will Writing Firm as Executor unless there is no-one else you can trust to do the job.

 

[Highway Man]

My wife married me for money, I see nothing wrong with this because as far as I am concerned once you are dead it really doesnt matter who gets what. I am a great catch for anyone.

 

[Justin Passing]

I was executor for a distant relative who died intestate.
Probate was no problem at all. As 112's case, , small fee and 5 minutes if you have your forms in order. Even if intestate. You put your notice in the London Gazette or something like that - arcane.

He had a girlfriend of 25 years who was a leech. She said they were "about to get married" so she was "entitled". She filled every cupboard in the place with her clothes to try to emphasize they were cohabiting - which yes, they were. She tried to claim but the magistrate threw her claim out because she didn't attend the pre-court disclosure thing, but he said she had no claim anyway. We sent her a recorded delivery letter telling her a house clearer would be taking everything and she could recover anything she wanted, which she claimed she never received.

We subsequently found (my wife's a genealogist) that she was still married to a bloke she hadn't seen for 30 years, oops. He had bigamously "married" someone else, too. We went to a record office in London to prove all that.

It wasn't a fortune, a cheap house. We divvied it up quite widely, despite what the inheritance laws said, 18k each.
The girlfriend was 62 at the time iirc, she had 2 grotty houses of her own already. She paid £30k to a lawyer to fight her corner. We gave her 18k as well, out of pity really.
There is a clause that says something like the legal fees of someone who has a reasonable claim should be paid by the estate.
We didn't know that until quite late in the proceedings, by which time we'd found the marriage thing. There wasn't a claim on the estate for the fees in the end.

We never told her we knew she was still married. I was itching to tell her, had to restrain myself.
I got a phone call late on, from a guy I do believe was her brother, a stroppy former director of ICI. I googled his house - it was big enough. He was demanding to know who my lawyer was, as he was going to sort it and him and me out, blah blah. I declined to tell him, referring him to her lawyer. He practically exploded saying how incompetent I was to have it dragging on for so long. I told him we were quite happy, cos house prices were rocketing, at the time.
So then he launched into a tirade, saying how much his sister was suffering and I was callous not to care about a woman who had done this and that for my relative. So I dropped the marriage bomb on him. He had no idea.

 

[Harry Bloomfield]

I'd already said

Yes, but, you didn't explain how to overcome them writing themselves in as Executors - I did..