Writing A Will

[tgm1974]

My husband and I are finally sitting down this week to write our mirrored WILLS.

My husband was previously married and has 3 children from that marriage. Only 2 of the children will be in the WILL (long story) and we have 2 children together.

We have our home together which will be left to either one of us depending who dies first. If we should both die at the same time then the house will be split into 2. My share will be split between my 2 children only, his share will be split between 4 children (his 2 from previous marriage and our 2 also). Does this sound fair to anyone or not? Please remember that the children from his previous marriage will also be gaining from their Mothers WILL so even though it looks like "our" children are getting more, his other children will be getting more in the long term.

Do you also need to mention anything else in a WILL? Eg; I leave my silver bracelet to my sister .....'etc. Lol!!

[boxtops]

I can't answer the detail about the child split - if I were you, I'd draft your Wills then take them to a solicitor to make sure that what you want to do is clear from the legal perspective - it doesn't cost that much, and the devil is in the detail of the legal wording in a Will.

and Yes, you put in your Will if you want things to go to particular people - it saves an awful lot of disagreement after you've gone, if you have been specific about your wishes.

[Postdog]

See a professional...too complicated for a simple will and therefore too easy to get things wrong.

[sherrardk]

I think it sounds extremely fair. There was a similar situation on a programme about 'tricky' wills and this is how it was resolved.

[gness]

tgm....May I ask a question? Are all the children going to know what is in the will before death or is that when they find out?

I was in a similar situation but discussed it before hand so all children knew why the will is as it is and there will be no surprises when it's read.

[tgm1974]

Yes everyone knows how the WILL will be wrote and the reason for the way it's split. I mentioned this to the WILL people before they sent the papers through and they said it wasn't that complex - would cost us around £150-200 for mirrored WILLS. I was referred to them via my bank!!

[dzug2]

The will should cover all your property, etc - not just the house.

Anything of significant value - monetary or sentimental - anyway

[Peter Pedant]

You should take the view of telling your respective children that this is how you are going to settle your estate and you dont care if they think it is fair or not. It is your money and you dont need them to agree to anything.
Otherwise getting all of them to agree ro anything is a waste of time.

If one of the two children die - what happens to his share ?
does it go back into the pot or does it get passed to the other sib ?

When one of you die - it looks as tho the whole of the property passes to the other. Then you wil need another will to decide who inherits on the second death - have you decided how this will be.

And no, I dont regard this will as particularly simple....
you should get advice

[tgm1974]

Yes should one of the children die then the money goes back into the pot.

Do you need to mention the child who isn't included - as in "I leave nothing to ..... "

The estate will automatically go to the respective other first if we die separately then I thought a new WILL could be done or the current WILL reflects what happens when the other dies .....

[FredPuli43]

You need professional help from a solicitor NOT a will writer [pause for all the ex-bus drivers and the like who have passed the simple test on writing wills, to complain that they are as good as any probate lawyer because they are will writers].

There's a bit more to it than meets the eye. How old are the children who will inherit? If under 18, they have to have what they are due to receive held in trust until they are. They needn't get it then; my own will specified 30 years of age before my daughter inherited the share, because, at the time, she was only 12 and I didn't know whether she'd be responsible at 18 or, indeed, 21 or 25. She is now 26 and responsible, so my latest will has not got that provision.

What provision is made for survivorship ? Whatever age they are, it is normal to think of what happens if one dies before you do. Remember, the person whose will it is "speaks from their armchair at death", and death may be many years after the will is written. A lot can happen in that time. Suppose one dies before you but leaves a child. Is that child, as yet unborn today, to inherit the parent's share? If so, that should be stated, and provision made for a trust to be made should they be under age, again with a provision for them to receive at some later age than 18, if thought desirable. The trustees are the executors of your will, in the first instance, automatically.

It is normal to provide that any gift under the will is of no effect unless the recipient survives the deceased by 28 days. And it is normal to exclude certain provisions of the Trustee Act 1925.

All such matters, and others, are simple for a probate solicitor, but not for you, unless you are one ! Even then, that person would have another lawyer draft the will ; you can't be too careful!

[stewey]

FredPui43, this question is slightly off topic; however, did you ever read P D James' "A Certain Justice"? Is that the way Chambers "works"?

[CokeTulip]

You asked about fairness - this is just how it comes across to me - its regarding one of your husband's children from the previous marriage, the one being left out.

I accept you can do what you wish but it seems unfair and I'd say be sure on that one because there are likely to be gradgchildren etc there too. It is also likely to cause a divide within the family. It is a huge rejection.

If you go ahead - make it clear (as mentioned) as you could have it contested.
Regarding his ex wife - if (for argument sake) she ends up broke before she dies then it throws things out a bit - you are going on the assumption that she will have some wealth. But if she has wealth/assets I dont think you can predict what his ex wife will do and could cut out the two children he favours and leave everything to the other child (if father's death before the mothers) so what I'm saying is - things may not work out as you think.

You say you are telling them of plans so no surprises. Are you going to tell the person being left out that they are not going to get anything?

[FredPuli43]

No,stewey, I never read it, but I bet her version is many miles wide of the mark. The only stories which convey how chambers and the Bar itself work are. those featuring Horace Rumpole. That is no surprise. The author was himself in practice. No other fictional account or drama that I have seen is anywhere near reality