Will

[jennyjoan]

I need to make out a will but know that the receivers of any money I will be leaving cannot be Executors (don't know much about law).

Anyway I don't want the receivers to know that they are in my will. What other areas could I explore - thanks. JjCon

[kloofnek]

I was only talking to my children about when I finally leave this planet and about who is having what etc...it was so depressing yet it is so essential that things are all in order...oh,I have no intentions of going anywhere for a good few years yet..God willing.
So I do understand why jennyjoan is looking into doing her will.
Let`s hope you will be here for a long time yet.jj.

[jennyjoan]

Ah that's lovely Kloofnek. Very helpful site.

[Buenchico]

A well-drafted will should always take into account what should happen if one or more of the beneficiaries dies before the testator. However if there are no such provisions written into the will, the will as a whole isn't invalidated.

If the deceased beneficiary was the son or daughter of the testator, and they had children, then the gift to the son or daughter passes (in equal shares) to their children.

Otherwise any gift that can longer go to a named beneficiary (because they're deceased) goes into the pot for the 'residuary beneficiary' (if any) who gets everything that's not otherwise assigned by the will.

If there is no residuary beneficiary (or he/she predeceases the testator) then a 'partial intestacy' is created and that part of the estate which remains unassigned is dealt with under the same rules that would have applied if the testator had not left a will.

[jennyjoan]

PS Kloofnek. My (deceased) brother's girlfriend has all her affairs in order. She went about a month ago to the funeral parlour and all funeral and grave have been paid for as she didn't want to leave her siblings with any hassle. She is only 64.

[jennyjoan]

thanks Chris for that answer.

[tamborine]

Your next of kin will collect your Death Certificate & have to arrange your funeral etc., NOK will search your home for bank info to pay for funeral. This is where your bank enters the fray to release funds on receipt of DC. The bank will also be able to produce your Will if you left it with them.

I wouldn't leave a Will with friends.

[jennyjoan]

Tambo - I wasn't planning to leave the will with friends but just to get a signature from their children and tell them where I will have it in my home.

[Graham-W]

Just as a bye the bye. The witnesses don't need to read the will or know its contents. All they are witnessing is you signing your signature to show it is genuine.