Advice Re Will

[hippyhoppy]

I'll try to be as clear as possible... when we got divorced part of the settlement was to have new Wills drawn up.. very basic.. He pops I get everything and vice versa.. so far so good (no other significant others on either side, thus far). However, since then my mother's passed away, my dad is 91 (but could be around for yonks yet given HIS mothers longevity) so potentially my future inheritance will go to the ex.. but I want it to go to my children and not his potential new wife/children (should that happen). Anyhoo... this is so much clearer in my head...!!!

I suppose I'm asking do I need to get my will amended to protect my potential inheritance for my children only...

thanks to anyone who can understand what I'm waffaling on about...

[bednobs]

yes you do - i guess what i don't understand it why when you divorced you still wanted each other to inherit?

[squarebear]

Seems strange you would leave everything to your ex rather than your children but each to their own. Yes, I would advise changing it.

[murraymints]

yes..right away...strange arrangement..reciprocal wills with ex ?

[hippyhoppy]

I presume the thought was ultimately the children will get everything in the end anyway.... but I don't want my parents money going to him and any new wife/family, but to my kids instead....

And do I need to tell him that I've changed the bog standard will.. will it be a whole brand spanking new one, or just an amendment to the existing one...

[squarebear]

Why do you need to tell him anything if he is your ex? It's your will, you do what you want with it.

[murraymints]

you could add a codicil ringfencing any future inheritance you get maybe..sounds complicated and messy can you not each have wills with kids beneficiaries.?

[albaqwerty]

I've a few questions.

Are you on talking terms with ex?
Are the children yours and not biologically with your ex?

If on talking terms, express your concerns, he might not want to be single and leave everything of his to you and your new partner either.

[dzug2]

I don't quite understand why your future inheritance should go to your ex rather than you

Having got it you can then decide what to do - maybe pass it on to your kids straightaway?? Or suggest to pa he bequeaths it straight to his grandchildren. If he's amenable to that kind of suggestion that is.

You also need to check how legally binding your divorce settlement was.

[Barmaid]

Can you be clearer about the terms of the settlement between you and the ex? It is extremely unusual to see this in a divorce settlement - the normal rule is clean break and no party has an entitlement under the Will or to make a claim under the Inheritance Act.

I am concerned that you may have a contract to make Wills or there is a mutual Will element.

[Barmaid]

Also, did you make your Will BEFORE OR AFTER the decree absolute. And does the Will make any reference to the Divorce?

What was agreed about provision for your kids in this will?

[Jonathan-Joe]

I'm not a legal expert, but the following have occured to me.
If you don't expect to spend anything inhertited from your father but to pass it all on to your children, why not perssuade your father to leave his estate directly to them. Alternatively, you can pass any inheriage on to them on the death of yopur father (I believe its by "Deed of Variation") so that legally, it is never yours.
One scenario you need to consider - what if you die before your father? At present, from what you have told us, your ex will probably inherit the lot.

[hippyhoppy]

Right.. I've dug out all the paperwork... my decree absolute was 11th Aug '09 (whilst I was enjoying the thrills and spills of a young French man in Majorca!!.. but I digress), and the will's were signed in March '09. His brother appears to be an executor on both of our wills (I have a copy of both) with me on his and him on mine.... blimey this is getting complicated....

Basically, bog standard 4 page document with witness signatures, etc.

Is it too early to have a glass of vino collapso...?

[hc4361]

Divorce automatically omits your husband from the will - as if he had died - because the will was drawn up before the divorce.

[hippyhoppy]

Just a quickie to add... when the wills were signed I was happy for him to have everything, but obviously things will change and I don't want him to have my inheritance... so thanks for listening... will shut up now.... ;-)

[Barmaid]

Hippy, what were the precise terms of the settlement? This is the important thing.

Whilst HC is right (this was one of my reasons for the question on dates) there may well be a contractual issue here.

[VHG]

You seem a bit of a doormat if you dont mind me saying

YOU leave everything to HIM (ex-husband) if you die.

HIS brother is executor of YOUR will.

You say if you die, and it goes to him, it will go to your kids eventually.

But not if he remarries, or loses it all to a conman (on conwoman), or gambles it away.

CHANGE YOUR WILL.

Leave it to your kids and DONT get one of his close relatives to be executor of your will.