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Urgent will question please

(8 Posts)
bemybebe Wed 31-Oct-12 22:06:30

Sorry for the urgency, but tomorrow I am writing a will under the WillAid and I suddenly realized that I have an difficult question to answer. My dh has adult kids from the previous relationship. If I die I would like him to inherit but then to pass my part of the estate to our dd. I guess there is no wording that I can use to ensure this, is there? Our dd is only 4months old.

emsyj Wed 31-Oct-12 22:11:37

You can do this via a trust mechanism - so that your DH would not inherit absolutely, but could get e.g. a life interest (right to income but not capital, right to live in a house but not to sell it and spend the proceeds etc) - or using a discretionary trust of which both are beneficiaries (which would probably cost more to operate).

In short, yes you can but it would make your will more complicated (so may not be covered by the Make a Will Week charity thingummy - if that's what you're referring to) and your estate more expensive to administer.

Hope that helps a bit - you need to discuss this properly with the solicitor as there are cost and tax implications to all of this. You could, of course, split your estate and leave part to your DH and part to your DD. There are a number of options.

Someone more knowledgeable will hopefully be along soon. Are you consulting a solicitor?

I think if you leave your estate to your DH he can do more or less what he likes with it, provided that he provides for your DD. if you want her to inherit specifically, you need to set that aside in a trust type environment and appoint independent people to monitor and manage that for her on her behalf until she comes of age.


Morebiscuitsplease Wed 31-Oct-12 22:14:27

The solicitor drafting your will should be able to help. I think you will need a trust, so your step son has access but it can be passed on to your son. You will need to think carefully about trustees. Seek professional advice and a second opinion if necessary.

bemybebe Wed 31-Oct-12 22:30:33

thank you guys. i am seeing a solicitor tomorrow, but it is under will aid and i am not sure how much time she will have for us to discuss this issue. i guess what i will do is get a simple will in place tomorrow - we already have the names for guardians and it is the most important issue atm - and try to seek a second opinion for the complex part

emsyj Wed 31-Oct-12 22:39:29

I have done Wills under the Make a Will Week scheme and I would never reduce the time spent with a client because of that - either you take full and proper instructions or you don't do the job at all. It may be that they offer you X simple Will that will have A,B and C effect under the scheme OR Y more complex but more appropriate Will at a cost of £pounds, but they should be willing to explain what the options are so that you understand fully what you can do.

They may cover a simple life interest trust under the scheme - or they may make a small charge to cover additional work. Have a chat with them anyway.

bemybebe Wed 31-Oct-12 22:46:35

thank you! will go and see what they say then.

mumblechum1 Thu 01-Nov-12 01:58:51

I agree entirely with emsyj. I used to do tons of Will Aid Wills and the client never got any less time than if they were paying full price, but if you do a life interest trust (or just a right to reside trust) you are likely to be asked to top up the price of a standard will.

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