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I don't have a will but I don't have any assets either as I'm going through a divorce. What are my options?

(7 Posts)
Namechanger2015 Sat 02-Apr-16 15:25:57

I have 3 young children and am acutely aware that I need to have a will in place.

At present I don't have any assets, we will with my parents and all cash is being ploughed into legal fees as I am fighting to get my fair share of assets from him.

He is refusing to disclose his assets and is selling things off to his dad, which I am trying to fight in court but it means I have no idea what assets I may have.

But I feel uneasy at being my children's primary carer with no will in place.

What are my options at the moment?

caroldecker Sat 02-Apr-16 15:41:20

Not a lot really - you can use a cheap 'make your own will' from the internet for a few £, or get a solicitor to do one for a few hundred £.
If you have no assets currently, then is is unlikely to be a priority at the moment. Assuming STBXP has parental responsibility, the care for them will end up with them regardless of what you say in a will.

Namechanger2015 Sat 02-Apr-16 17:39:07

Can I do anything to protect my kids in the future? I would not want them living with ExH as he was violent and emotionally abusive, which was why I left the marriage.

I shudder at the thought of my children having to live with him, he lives far from us and is still manipulative, etc.

Mumblechum1 Sun 03-Apr-16 11:57:29

OP, I'm a will writer and do strongly advise you to make a will for the following reasons:

If you die before decree absolute (which can take around 2 years in messy divorces), then your husband is your next of kin and will receive everything. You say you have no assets but you may have death in service benefits, life insurance etc. If you inherit or receive another windfall between now and decree absolute, that'll go to your husband. Making a will prevents that.

Although the appointment of a guardian doesn't trump the father's parental responsibility, it gives a clear message that you wish someone other than their father to have care. If there is strong evidence that the children would be neglected or abused if left with their father, the named guardian would be able to apply to the court for a child arrangements order (formerly residence).

By making a will, you decide who will administer your estate and the terms of the trust in which your children's inheritance is kept.

If you'd like any further details please feel free to PM me.

Namechanger2015 Sun 03-Apr-16 13:46:50

Thank you mumblechum, I absolutely do need a will, I hadn't considered my circumstances changing drastically between now and finalisation of my divorce, but yes, it is acrimonious and I will definitely take a long time to finalise.

I have PMed you, thank you for your help.

Mumblechum1 Sun 03-Apr-16 18:43:12


Mumblechum1 Sun 03-Apr-16 18:43:52

Weirdly my PMs won't go through OP, would you mind contacting me via instead please?

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