Wills...basic or more clauses required?

[Johnogroats]

I am being appointed an executor of DBs will. It is v basic and leaves everything to his trustees, me included, to be used for his 3 kids...until they reach 18.

Does anything else need to go in? Kids are 12, 11, 8, and 2 are on the autistic spectrum, albeit mildly.

He is divorced and shares custody with ex. I imagine she would get them full time if he died, but could he stipulate anything here? Kids are probably old enough to make feelings known, but could or should he say anything about eg holidays with his side of the family.

Secondly, given that the eldest child in particular is likely to require guidance with finance (due to autism) and he won't be getting this from his mum (long story but in part her financial irresponsibility lead to marriage breakdown) is 18 sensible? Would 21 be better?

Anything else?


Thanks in advance.

[Mumblechum1]

Hmm, it doesn't sound as though the children are badly affected enough by their SN to need discretionary disabled person's trusts, but if they were, that type of trust would be helpful. In a bit of a rush so can't give chapter and verse now but have a google!

Your brother can make a guardianship appointment which would kick in if both parents died when the children were minor, but also he can certainly express the wish "that my childrens' mother [/guardian] encourage and facilitate as much direct and indirect contact as can reasonably be arranged between my minor children and their extended paternal family" - that's the clause I usually use (am a will writer/retired family lawyer)

[Johnogroats]

Thanks very much for your help. I will suggest that clause.

Do you gave a view on whether it would be appropriate for trustees to control the money for the kids until they are 21? Ex W is very manipulative, and due to the admittedly mild SN, the eldest in particular is easily led.

[Mumblechum1]

Yes, even when the children are NT, I never recommend that they inherit as young as 18. Most of my wills specify that the children become entitled on their 21st birthdays. Between 18 and 21, they can ask the trustees for money, but if it is for something silly like a sports car the trustees can refuse.

For larger estates (£1m plus) I often suggest that the children receive their inheritance in stages, so maybe 25% at age 21, and the rest at 25.

Wills should be tailor made to suit the individual (obviously so long as they're workable and comply with the law).

[Johnogroats]

Thanks. That confirms what I thought. The estate will not be that large - more likely 200-500k, but I would think there would a significant risk of a sports car scenario!

Very much appreciate your help.

[Mumblechum1]

You're welcome

[tracyreader]

Our wills say 25, with the trustees having flexibility to support the kids before that, even though we're nowhere near the millionaire bracket. That's because I think it's good to have a few years of being used to managing on your own earnings to fall back on in case anything happens to the capital in the future.

[bluetrain]

DS is autistic and our wills say money will be held in trust for him until he is 25.

My parents will says I would inherit now (I'm 23) but my brother would not receive anything until he's 25 (he's 21 just now, no SN, just quite immature)

[Johnogroats]

Thanks Tracy and Blue for your thoughts. I will have a chat with DB and pass on your comments.

I am a solicitor, but have stayed away from wills so it is great to benefit from the experience of others.