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Will help

(5 Posts)
Jelly15 Fri 16-Sep-11 13:27:31

Skint SIL wants me to help her write a will (mine done through solicitor). I know correct wording is important for it to be leagal. She is single and childless and basically anything left from her estate is to be shared between her three siblings and if any of them die before her she wants their share to be divided between that siblings children.

Then there is her dog, if she has one at the time. A neighbour will take it in but wants money to cover food and vet fees etc.

Also she wants my son and his cousin to be trustees, is this allowed if they might possibly have a share of SIL's estate if their fathers die before her? Can anyone help?

Thanks

piellabakewell Sat 17-Sep-11 07:38:18

Get her to do this ...not long to wait.

mumblechum1 Sat 17-Sep-11 10:42:48

Hi, I'm a will writer and have an ad over on the small business section of Classifieds (marlow wills), but if she can't afford to pay anything, then yes, you could help her write it.

The important clauses are as follows:

1. Revoking any earlier wills or testamentary dispositions

2. Appointment of two executors who will also act as trustees (these can also be beneficiaries).

3. A clause to say that the trustees will hold the estate on trust to retain or sell it and after paying any debts, funeral expenses and inheritance tax, and after paying any pecuniary legacies (cash), the balance (residuary estate) will be divided equally between her siblings x y and z but if any of them predecease her leaving children then those children shall receive their parents share.

4. In a proper will I add a few standard clauses but if she's doing it herself the main one to include is that her trustees shall act in accordance with the Society of Trustees and Estate Practitioners current rules and regulations.

So far as the dog is concerned, it can be left to the trustees' discretion to pay something to the neighbour. It's not worth getting tied into knots about a dog which may well have died years before she does.

<<disclaimer; this is a very rough and ready version of what she needs to put in. If in doubt, always make the will as simple as possible and in as plain English as possible, avoiding the temptation to add any frills which may be misinterpreted. >>

If she wants it done professionally, as I say you can point her in the direction of my ad.

mumblechum1 Sat 17-Sep-11 10:44:22

Sorry, just to say also that the will must be executed properly. It must be typed or written in ink,it must have the date on it, and be signed by the person making the will in the presence of two completley independent people over 18, present with her at the same time who also need to insert their name, address and occupation after their signatures.

It can not be witnessed by anyone who has the remotest chance of benefitting.

Jelly15 Sat 17-Sep-11 11:52:30

Thanks appriciate your replies, will show SIL these messages, see what she wants to do.

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