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How to word a will

(9 Posts)
DamnDeDoubtance Tue 16-Aug-11 08:48:44

Hi, DH and I are about to write our wills. It is all fairly straight forward, easy when you don't actually own much!

I need a bit of help with the wording. We are each writing a will, he leaves everything to me and if we both expire together it goes to our daughter etc.

When I am wording it if I put something like I leave DH all of my property. In the event of his predeceasing myself, or our deaths occurring together I leave everything to our daughter.Does that sound about right?

Chopstheduck Tue 16-Aug-11 08:52:02

I think you gift everything to him and then the residue to your daughter, so if he was no longer alive, it would fall to your daughter as residue.

Chopstheduck Tue 16-Aug-11 08:58:33

actually I think you need to state that the residue goes to your husband too, or if he dies before you, the residue goes to your daughter. Everything else that is already listed, if he died before would also fall into residue and so also pass to your daughter.

Been a while since I studied it!

DamnDeDoubtance Tue 16-Aug-11 09:42:00

The form I have has a part with residue on. I thought as I left it all to him there would not be any residue.

I though residue was for what was left after you had made numerous gifts etc.

I have specific gifts and legacies on my form, where I am gonna write what was in my op.

Then after specific gifts and legacies there is residuary gift. This states I give the rest of my estate (1/2 a bag of jelly beans and an elderly cat) to my executors and trustees to hold in trust to pay my debts, taxes and testamentary expenses and pay residue to. Shall I put DH here?

Thank you for your quick replies.

crystalglasses Tue 16-Aug-11 09:45:15

Don't forget to put in the names of your dh and dd.

Chopstheduck Tue 16-Aug-11 09:45:37

yeah, you normally do have a residue specified, because if any of the other gifts failed for any reason, they would fall into residue. If you don't specify residue and a gift fails it would be subject to intestacy rules.

So leave that to him as well, and then if he dies, to your daughter.

DamnDeDoubtance Tue 16-Aug-11 10:03:46

Right, so I will fill in the gift bit as all my property etc. to DH the DD, and will name then.

Where it states who receives the residue I will put " I give the residue of my estate to my DH but if he fails to survive me I give the residue to DD"

Cheers! Its not so much the property I am concerned about, just getting down on paper who will look after DD if we both die and she is still a minor.

Thank you all for your help.

HopeEternal Tue 16-Aug-11 15:10:45

How old is your DD? If she is a minor you should be appointing a Guardian should both you and DH die before she is an adult. You really should take advice on this.

mumblechum1 is a regular here who runs a will writing service and comes highly recommended by many MNers. I believe she has an advert in the small business section.

HopeEternal Tue 16-Aug-11 15:11:22

Oops! Sorry, didn't read your last post in full...

I still recommend taking advice.

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