I still haven't written a will!

[sara3]

divorced, 2 kids aged 13 and 16, sole home owner, life insurance policy owner, lol!

if I popped my clogs without having written a will, would my children get everything? can anyone else make a claim on my estate? mother? siblings?

I know I should do it but I have a lot of expenses for the next few months.

[welshlibranr]

you really should do it sara, Ooooh lomg may you live, but just in case! You can get one done quite cheaply these days, but you need to make sure your kids are ok, just in case!.................

[humpy07]

If you die without a Will, the rules on Intestacy apply. Your next of kin would be set to inherit your assets, however the process is far more complicated for all involved (apart from you obviously).

You'd best wait for a more in depth answer from one of the other ABers, as it's been many years since I studied probate, and have only done small little things for family since.

Saying all this, I haven't yet made a Will, and I'm married with a little one... it's on my "things to do" list!

[sara3]

yeah, I know. I was talking this over with my bestie mate. she's just doing hers and the fees are about £150!

[Barmaid]

Depends on your wealth Sara. As it is, I suspect the intestacy rules will kick in to the extent that your children get it all.

As for people that could make a claim on your estate, beware of posts that say only dependants can do so. That is incorrect. The people who can lay claim are 1) spouse, 2) former spouse who has not remarried, 3) cohabitee living as husband for the two years ending with your death 4) child 5) a non biological child who was treated as child in a marriage to which you were a party 6) anyone whom you maintained partly or wholly immediately before your death.

Personally, I would suggest you make a will though. You are a smart lady, buy a DIY wills kits from WH Smith and do your own. Email me on FB if you need specific advice.

[sara3]

humpy, it's on my list, too. (it's been there a while!)

so.. who is my next of kin? my kids? hopefully not my mother!

[boxtops]

Sara, it doesn't cost a lot, my last Will cost about forty quid. You can get a form from WHSmith which is perfectly legal if you don't want to involve legal costs. If you don't leave a Will at all, your estate will be divided amongst your successors but it has to go to probate first, which can take ages (and costs). Best to be clear about what you want to happen with your estate, then everyone knows when the time comes, what your wishes are.

[welshlibranr]

If you shop around sara, you can make a will for much less than £150.00.......have a look into it!................

[sara3]

thank you, Barmaid x

I may do just that. I want my kids to have everything, so hopefully it will be quite straight-forward. I'll drop you a quickie mail on FB, but no rush for a response (unless I kick the bucket in the meantime!).

[humpy07]

Personally, I'd avoid using some of these "Will Writing" companies like Trust Inheritance, as I had a friend who used to work there who said the place was a sham. They allow a 50% margin of error for wills, so be prepared that it will be wrong. Usually the people drafting the wills would have barely passed a GCSE!

[sara3]

yes, fair warning.. thanks all.

I did my own divorce, I'm sure I can sort this one out!

[Buenchico]

Your children would get equal shares in your estate:
http://www.hmcourts-s...rvivedTheDeceased.pdf

However you should still write a will, if for no other reason than to simplify things for those you leave behind. There are some important issues to be dealt with. For example, do want your house to be sold with the proceeds placed into separate trusts for your two children, or do you want to keep your children in the house (with, perhaps, a relative having the right to live there while she cares for them until they're both adults)? If funds are to be placed into trusts, who are the trustees to be? There are lots more questions like those which need to be considered.

Chris
(Former MD of a a will-drafting company)

[tamborine]

Smiths sell Will layouts (£3ish); unrelated, non beneficiaries, are important to witness your signature.

Mum used same & I probated at local Court office.

[humpy07]

Chris, I hope you weren't MD of Trust Inheritance, or I'll have to dig myself a big pit!

[welshlibranr]

my mother in law died 3 years ago, she left a will, the executors were two of my husband's brothers, they did not execute the will, it seems that one of them embezelled most of the proceeds! And paid off the other executor!..Crown Court last week!.....decision next week!............So sad.........and greedy of them!...........

[Barmaid]

From what I know of Chris, he was never the MD of any flybynights company. trust me on that!!!

[tamborine]

importantly, make sure beneficiaries hold a copy. Wills (in wrong hands) do get lost.

[Buenchico]

Humpy07
My company ceased trading a good many years ago. (I didn't advertise directly to the public. All of the business came through financial advisers).

I'll happily agree that many will writers haven't got a clue what they're doing. However, well before I got involved with will-preparation myself, I had my own will drafted by a solicitor. I've still got a copy of it and I can now see that it's full of more holes than a colander!

Chris

[Barmaid]

Chris - and that is what pays my mortgage!!!!

[sara3]

thanks Chris, that's food for thought x

welsh, that's a shocker. let me know what happens!

tambo, they're only kids but I'll give that some thought, thanks x

[welshlibranr]

Sara, we get the decision on Thursday, the main one has eventually admitted to taking half of the estate, but we know he took much more! so we await the outcome! let you know what happens on Thurs night.........It could now go to the CPS, very seroius for them!......we will see!.............