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Wills - what to put in for worst case scenario

6 replies

ohtowinthelottery · 13/01/2023 16:07

DH and I need to write new wills as the provision in our exisiting ones is no longer needed/appropriate. But we've been putting off doing it as not sure what to write in it. Initially, we will leave everything to each other and in the event that we both die then it will all go to our one surviving (young adult) DC. That's the easy bit.

DC is not currently in a long term relationship and has no children. We presumably need to make some provision in the wills in the event that DC pre-deceases us or we all die together (the latter possibly catastrophising a little, but always possible, as we don't always travel separately like the Royals). Both DH and I have 2 siblings each but we are both the youngest by a fair number of years. So in the normal turn of events they would be expected to pre-decease us (one is in poor health). Both my parents are dead as is one of DH's with the other being very old and definitely wouldn't want an inheritance!

The dilemma is what provision to write into the will in the event that DC is not around to inherit. I'm trying to avoid having to re-write them again.
We have DN's on both sides of the family but one sibling has no DCs. We could leave it to DNs in the event there's no other succession but if siblings are still alive that would leave one sibling out. None of the siblings need the money but the DNs are all young adults who would all be grateful for the money, I'm sure. We don't see any of them that often (due to geography rather than any falling out) and I feel sure they would never be expecting to inherit from us as they will assume our money will go to their cousin (our DC).

So what would you do if you were writing a new will in our position;
a) leave to siblings so one isn't left out (assuming they're still alive)
b) leave to DNs to be split equally (3 on one side 4 on the other)
c) leave the lot to charity
d) leave everything to DS and hope we don't all die at once or that he has DCs by the time we die.

OP posts:
Whataretheodds · 13/01/2023 16:21

Leave to DC
If DC pre-deceased then sivided between your siblings equally. If any sibling pre-deceased then their share divided equally between their offspring.
If no offspring, sibling share divided equally between remaining siblings.

Nb decide whether you mean heirs where I've said 'offspring' above.

Any charity you'd want to, leave a legacy with?

That's what i would do, but it's not difficult to rewrite or add a codicil.

LlynTegid · 13/01/2023 16:25

You can make a new will should the worst happen and your DC die before you, assuming it is not something such as all of you being in a car crash where he dies and you are injured such that you cannot make one easily.

I think the all to your DC and if he dies before you, to charity.

Apologies if this sounds morbid.

ohtowinthelottery · 13/01/2023 16:33

@LlynTegid You can make a new will should the worst happen and your DC die before you, assuming it is not something such as all of you being in a car crash where he dies and you are injured such that you cannot make one easily.

I hadn't thought of that scenario but it's another good consideration as we were also planning on doing Power of Attorney at the same time as wills with the Attorneys being DC and me for DH and DC and DH for me - which wouldn't work in your scenario.

OP posts:
Vickythevan63 · 13/01/2023 17:05

We re-wrote our wills about 8yrs ago, when DC were 17 & 15.

Its everything to each other, then our DC (or their offspring if they pre-decease us and have children.)

If we all die together or they don’t survive by so many days, and have no children of their own, it was to be split between 6 from next generation - DH niece, nephew and godson; my niece and 2 other relatives.

My niece has pre-deceased me, but I wouldn’t want any of our money going to my sibling, so the will is left as is, and our solicitor confirmed that the money would just be split 5 ways. Hopefully that will never come to pass, but our DC do travel with us sometimes so it can’t be ruled out.

I would leave to the nieces and nephews, they need it more than parents.

Vickythevan63 · 13/01/2023 17:09

We also included DH’s sister as an executor, along with DC, so that covers scenarios where some are killed and others seriously injured. Assuming the DC survive us, I wouldn't expect SIL to have any executor input, but it covered all bases whilst DC were still young.

JenniferAllisonPhillipaSue · 13/01/2023 17:22

Are you overthinking this, do you really care about who gets what if your child pre-deceases you? I'd go for partner, then child; and not worry about what happens if you are last to go - let the remaining relatives (siblings, off-spring of siblings) sort it all out according to intestacy rules 😅

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