How long is a Will valid?

35 replies

Trainfromredhill · 24/08/2022 22:04

DM made a will 25 years ago shortly after DF died suddenly and unexpectly. The 3 DC were teens at the time. It was done with a solicitor and guardians and trustees were established. The only thing I know about the will, aside from the name is one of the trustees, was that it stipulated that any assets would be divided equally between the 3 DC. The DC (of which I am one) are adults now.
does this will still stand after such a long time. DM hasn’t remarried or have any partner, if that makes a difference.

OP posts:

ivykaty44 · 25/08/2022 06:32

Second question, how would I find it?

search and if you don’t find a will then you’d have to deal with the estate as if there was no will - as you can’t find one. Added to which if your DM will not talk about it then you can’t carry out her wishes when she’s gone.

perhaphs explaining that you don’t wish her dead you want to make sure you honour her wishes in life but will be unable to do so which will be incredibly sad for all of you. That you’ll try and work it out but without stuff in order it’ll be impossible

LittleBearPad · 25/08/2022 06:28

Why do you want to see it? It’s not really any of your business.

Original poster

Trainfromredhill · 25/08/2022 06:24

Thank you everyone. Second question, how would I find it? The one Trustee is a cousin who has probably forgotten she is a trustee. I have no idea what solicitor was involved. I can’t ask DM as any questions regarding getting her affairs in order are met with ‘it’s like you want me dead’.

@99redballoonsgobyy DH and I update our will every 5 years or so and have the will writer contact us to remind us. Once you’ve done the first one it only takes 1/2 hr.

OP posts:

AdoraBell · 24/08/2022 22:29

Your second DC could contest the will, may not succeed or your first DC could give them 50%, or refuse. The best thing would be to update your will. In your case I would put it on a To Do list to complete before September, fe.

OP yes, the will is still valid.

Pallisers · 24/08/2022 22:26

if the will used fairly standard language it would set up the trust until the youngest child reached 18 (or 21 or whatever). even if the trust still existed, the 3 beneficiaries can break it.

99redballoons, you should check your will. It is highly likely it says your estate will be "divided equally between my children" (and probably include a clause for if one of your children predeceases you leaving children) but well worth checking.

99redballoonsgobyy · 24/08/2022 22:23

I made a will almost 15 years ago when I only had 1 dc, I have since had another dc who was not in my will as it was obvs made before they were born. I have not got around to making a new will but if anything happens to me before I do make a new will will dc 2 not get anything or could they contest it as it was made before they were born? I'd obviously like my assets to be equally split between both dc.

LemongrassLollipop · 24/08/2022 22:17

ErrolTheDragon · 24/08/2022 22:12

Presumably the guardians become irrelevant once the dc all reached 18 - what about the trustees?

Yes guardianship clause lapses once all children tech 18

Trustees continue.

ErrolTheDragon · 24/08/2022 22:12

Presumably the guardians become irrelevant once the dc all reached 18 - what about the trustees?

ethelredonagoodday · 24/08/2022 22:09

I'm not a lawyer, although I do have a (quite old now) law degree. As i understand it, the will remains valid unless it is replaced/superseded by another. I don't think they are in any way time limited, although it is good practice to update them if/when circumstances change.

CoffeeInOneHand · 24/08/2022 22:07

Yes it's still valid. The only way to revoke a Will is either Marriage or a new Will.

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