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Legal matters

Can anyone help me fill out my will please?

14 replies

Purplerainbow · 02/07/2017 11:16

I'm not paying a company to do it as they basically said it would be a waste of money and I should do it myself. So I have the kit and just filling it out. I have no assests only debts. I'm a LP to two children, court order stating their father has no direct contact. So..... there is a section that says specific gifts and legacies section.... I have nothing... just household and personal stuff. Should I just write, all of my personal items should go to my two children? I genuinely have nothing .. no sentiment or monetary value...

Also where should I keep the will? I want to keep a copy of the court order with it aswell just in case I died I DO NOT want him to be able to come near them. I have appointed guardians...

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mumblechum0 · 02/07/2017 14:04

If you just want everything to go to the children, you don't need to make separate gifts of personal possessions or lump sums.

I'm a will writer and must admit I've never actually seen a DIY kit, but if you have no assets at all, I'd suggest you just say that all of the residuary estate is divided equally between your children.

Have you appointed 2 executors/trustees who will look after any money you may have, in the event that your children are under age at your death? Remember also to check that any death in service/life insurance nominates your children.

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Purplerainbow · 02/07/2017 14:37

Thanks mumble it's a WH Smith one. That's what the company called advised me to do as I literally don't have anything other than my children. What's a 'resdiuary estate'?

Where do I store the will?

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viques · 02/07/2017 14:44

If you are nominating people to be your children's guardians I suggest they both get a copy of the will to look after, then keep your copy with things like birth certificates , passports ,court order etc. Remember that your witnesses have to watch you sign.

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WinifredAtwellsOtherPiano · 02/07/2017 14:45

The residuary estate is everything you haven't specifically left elsewhere. So if you left your book collection to the school and 500 quid to each grandchild then everything else to your children in equal shares then that "everything else" is your residuary estate, and your children would be the residuary legatees.
You should skip the bit about specific gifts and legacies - maybe just write "None" in that section.

Who would look after your children in the event of your death?

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Purplerainbow · 02/07/2017 14:49

My parents would have them if I died so iv listed them on as the guardians. Should I write something like 'any items that are left to be split between my children' or something? Meaning household stuff etc. At the moment I'm legally still married so wouldn't want ex getting anything

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WinifredAtwellsOtherPiano · 02/07/2017 15:07

There should be a specific section at the bottom for you to state who is to get your residuary estate. Take a photo of the bit after the "specific legacies" bit.

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ImperialBlether · 02/07/2017 15:16

Don't write "any items" - say "any assets" because if your situation changes you may well have money or property, rather than just items.

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WinifredAtwellsOtherPiano · 02/07/2017 15:59

She shouldn't have to write any of the legal stuff at all - the document will have it in there so she just has to write "my children" in the appropriate place on the form - it's just a question of finding where that is.

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Purplerainbow · 02/07/2017 16:31

I think iv misunderstood. There are 3 pages and I thought I had to fill them all in. Page 1 is 'simple gift of the residue' page 2 is 'residue to an adult but if he/she dies to children and then page 3 is 'residue direct to children'

Do I need to do all 3? I would want any money in my bank to go toward debt although I know it won't cover it at the moment! Then any items in the house just to go to the children?

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WinifredAtwellsOtherPiano · 02/07/2017 16:52

There should be an explanatory booklet talking you through it. Have a cup of tea and read it all. I'd guess that you only have to do page 3, but can't know for certain without seeing it.

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Purplerainbow · 02/07/2017 17:00

There is a massive booklet, but it isn't very clear!

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mumblechum0 · 02/07/2017 17:57

Purple, I'll happily check over your draft will for free if you like (am a professional, qualified will writer). Just ping it over to [email protected] and I'll take a look and guide you if you're stuck on anything.

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Purplerainbow · 03/07/2017 08:46

Thanks mumble I'll do that now..

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Blowingthroughthejasmineinmymi · 11/07/2017 14:48

Purple it looks like you have had proff help there from Mumble ( we used her for our will - brilliant) I just wanted to add that "residue" of estate is not only whats left after you have given out books or £500 to the library but also your debts ie over draft, mort etc.

whats left after all of that is the residue. I am sure Mumble made that clear though Grin

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