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writing a will to look after kids from different relationships

(15 Posts)
manitz Wed 14-Nov-12 18:29:54

this is for my relative who needs to draw up a will. he has a new partner and they will share a house. he wants to ensure that his child from a prev relationship will be catered for in the event of his death and also to make things as easy as poss for current partner.

Would you use a family law solicitor to draw up the will?

Has anyone got a good will for their kids that involve an ex and current partner? any thoughts on things to be considered would be really helpful. I think the following are main issues, have I missed anything out:
to ensure that current partner doesn't need to sell house quickly but that maintenance can still be paid, to ensure that dc (x has other dc with someone else) will inherit something once old enough to no longer qualify for maintenance, to think about what happens if he has more dc with current partner.

I am wondering about a trust arrangement but I guess the right solicitor would be able to advise on that?

digerd Wed 14-Nov-12 19:38:15

It is good that he is thinking about this, and a trust is the best way for his dc from previous relationship to secure his inheritance from his father. If he does have more children , all his own children should have the same share and be named in his will. He must see a solicitor who can advise him. If his partner has her own children, their father should be responsiblefor their inheritance, but it doesn't always happen that way.

DameEnidsOrange Wed 14-Nov-12 19:40:15

You need mumblechum - she owns a will writing company and is brilliant - there is an ad in the small-ads section.

You do need to make sure that the will is properly written as it could be open to misinterpretation / contested if it is not correct, so I would shy away from those DIY kits IIWY

manitz Wed 14-Nov-12 21:35:43

Thanks. I thought it was probably too complicated a situation to be dealt with by a diy kit. Do you have any idea how much it costs to get a will written? New girlfriend doesn't have kids but his ex has older children with someone else, all is pretty harmonious between him and these children but their dad will provide for them. Was just thinking that if any inheritance went into their mum's pot it might get dispersed and should really be kept for his son if that makes sense.

My situation is much less complex but he's made me think we need to sort out our wills too.

Mumblechum just wrote my will, she's amazing, and far far cheaper than any high street solicitor.
Do an advanced search for her name and send her a PM, I said I'd recommend her so I am!

DameEnidsOrange Wed 14-Nov-12 21:41:18
mumblechum1 Thu 15-Nov-12 08:02:59

Thank you Boobs and Dame smile and thanks

mumblechum1 Thu 15-Nov-12 08:12:20

OP, a lot depends on what your relative's circumstances are. So I'd need to know how old his child is, whether there's any chance of him having more children with the new partner, whether they intend to marry, how much his maintenance payments are and when they'll end, whether they're insured separately, whether he has insurance through work as well, ie death in service benefit, how much he's putting into the property, how it'll be held, how likely it is that his new partner can keep the house up without his assistance, whether the mortgage will be covered by decreasing term insurance <<pauses for breath>> there are a lot of questions to consider.

If he's interested perhaps you could send him the link referred to by Dame and take it from there.

digerd Thu 15-Nov-12 09:19:48

Mumble

Phew, yes sounds very complicated. But didn't think his ex would be entitled if she has adult children by her other ex and no dependant ones from him.

mumblechum1 Thu 15-Nov-12 09:26:20

Yes, I'm not suggesting his ex wife has an entitlement, but his son certainly does, at least for so long as he's entitled to child maintenance. Often in these circs the father of the child will set up a life insurance policy to pay whatever he would have paid in child maintenance. The other option is to nominate the son as a beneficiary under his death in service benefit but if he loses his job that obviously fails.

manitz Thu 15-Nov-12 09:45:37

ok i'm going to let him know as that's given me a bit to think about. He absolutely will not have death in service but I think maybe a life insurance for his kid might enable his current partner to have a bit of breathing space before selling the home. There has never been any marriage and the child will be dependent for some time yet though I think even if he was technically an adult I think my relative would want to be fair to him and any future kids. Will let him see this and put him onto you mumblechum (and we might give you a call too!)

ImperialStateKnickers Thu 15-Nov-12 09:49:31

mumblechum seeing this has reminded me we need to get our draft wills back to you... hope you had a good holiday!

mumblechum1 Thu 15-Nov-12 09:52:32

Hi Imperial! Great thanks. I don't know who you are in RL as I'm careful not to cross reference RL and MN names for both our sakes!

But yes, whoever you are, please get back to me! wink

ImperialStateKnickers Thu 15-Nov-12 10:03:22

Already done.grin

mumblechum1 Thu 15-Nov-12 12:42:42

Thanks Imperial smile

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