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My dog, my will & my holiday

77 replies

StarDolphins · 15/07/2024 13:28

I wonder if anyone can help?

I have a will. All going to my DD and in an Armageddon situation, all to charity.

I am going on holiday for 4 days with my DD & want a temporary amendment added for these 4 days. Solicitor wants £375 to change it.

Can I leave a signed letter/video of me saying that in the event of us both dying, that I want my ex to live rent free in my (owned outright) house to look after my dog/car until they die. will leave cash in the house for them.

Or is there any other way I can do it that’s cheaper?(given it’s unlikely to happen) Like something online? Seems v expensive but I want to make sure my dog & cat are looked after in their own home.

OP posts:
VerasMacAndHat · 15/07/2024 14:08

Surely it's not possible to include a temporary situation in a will!

You bequeath your estate and that's that. You can't control who lives where and does what from beyond the grave. What you are suggesting would leave an unholy mess of confused rights and responsibilities. I can't see how that would be manageable without trust, trustees and god knows what to oversee it and deal with the house when dog dies.

SheilaFentiman · 15/07/2024 14:09

Justcallmebebes · 15/07/2024 14:06

It certainly is

So if OP leaves her house to the RSPB, and writes a letter of wishes stating that ex should live in the house rent free, there would be nothing the RSPB could do about it?

Who would pay for the repairs to the house whilst it was tenanted, cost free?

StarDolphins · 15/07/2024 14:11

SheilaFentiman · 15/07/2024 14:09

So if OP leaves her house to the RSPB, and writes a letter of wishes stating that ex should live in the house rent free, there would be nothing the RSPB could do about it?

Who would pay for the repairs to the house whilst it was tenanted, cost free?

He would only be living rent free until the pets die. The repairs would be way cheaper than his existing rent of £800pm.

OP posts:
StarDolphins · 15/07/2024 14:13

theeyeofdoe · 15/07/2024 14:07

I think you win the prize for the most ridiculous thread ever on mumsnet.

enjoy your holiday.

Thank you, I never win anything! I wish the prize was a new will so I could save myself £375!😁

OP posts:
SheilaFentiman · 15/07/2024 14:13

StarDolphins · 15/07/2024 14:11

He would only be living rent free until the pets die. The repairs would be way cheaper than his existing rent of £800pm.

Hi Star

That’s not really my point - between him and the owner (presumably, the charity) one of them must be legally responsible.

Exactlab · 15/07/2024 14:17

StarDolphins · 15/07/2024 13:37

We’re more likely to die on a long coach journey than in our normal life I feel!

You’re being utterly ridiculous. The lawyer is entitled to payment for your ridiculousness.

Change it or don’t change it. Just stop it with the anxiety.

StarDolphins · 15/07/2024 14:19

SheilaFentiman · 15/07/2024 14:13

Hi Star

That’s not really my point - between him and the owner (presumably, the charity) one of them must be legally responsible.

Yes I get your point. It’s difficult because I don’t want to hand over all my house & savings to my ex when the charities I support (3 of them) really need the money. He has a good job & can fend for himself.

i think I will have a think & either leave him a certain amount of money or do what pp suggested to leave him the house while my pets are alive & still leave some for charity or leave it as it is & hope we don’t die🤣

OP posts:
VerasMacAndHat · 15/07/2024 14:21

Justcallmebebes · 15/07/2024 14:06

It certainly is

I agree with @SheilaFentiman
The will is legally binding a letter of wishes is not.

Itisjustmyopinion · 15/07/2024 14:22

Do you really think people amend their will before every holiday and then back again when they return? Especially so when it’s basically for a long weekend

This is madness. As others say please work on your anxiety for the sake of your DD

VerasMacAndHat · 15/07/2024 14:25

leave him the house while my pets are alive

What do you mean? You can't leave it to him temporarily. Someone has to own it. And if he owns it and the dog he can do what he likes with it.

TheHomeEdit · 15/07/2024 14:29

Charities are remarkably litigious when chasing down money left to them in wills. I think you need a new will that clearly states what happens to any pets, and who lives in the home (and how this is funded). It ought to be possible to do one that is general enough to work going forwards.

StarDolphins · 15/07/2024 14:36

TheHomeEdit · 15/07/2024 14:29

Charities are remarkably litigious when chasing down money left to them in wills. I think you need a new will that clearly states what happens to any pets, and who lives in the home (and how this is funded). It ought to be possible to do one that is general enough to work going forwards.

Thank you, this is what I will do but it won’t be before I go away because I need to give it some serious thought to ensure I’m not doing a new one every few years!

OP posts:
VerasMacAndHat · 15/07/2024 14:44

TheHomeEdit · 15/07/2024 14:29

Charities are remarkably litigious when chasing down money left to them in wills. I think you need a new will that clearly states what happens to any pets, and who lives in the home (and how this is funded). It ought to be possible to do one that is general enough to work going forwards.

Even if such a will was possible, the ex wouldn't be able to live there till probate had been granted and everything sorted with the charity. He can't just use the spare key and move in.

Shan5474 · 15/07/2024 14:53

Who will verify the pets are still alive, how will they do that and who will tell the ex he needs to leave now doggy has passed away?

BigWillyLittleTodger · 15/07/2024 15:01

SheilaFentiman · 15/07/2024 13:53

A letter of wishes is not legally enforceable, I believe.

Correct, it needs to be done by a solicitor to be valid.

VerasMacAndHat · 15/07/2024 15:08

BigWillyLittleTodger · 15/07/2024 15:01

Correct, it needs to be done by a solicitor to be valid.

Not according to the article I linked and the advice I was given by my solicitor.
A letter of wishes is legally just that: a declaration of the wishes of the person writing the letter. A solicitor can't write a letter of wishes for you. They can advise on wording etc. But they can't make it legally binding.

Dotto · 15/07/2024 15:10

Write it yourself, get it witnessed, you don't need a solicitor.

BigWillyLittleTodger · 15/07/2024 15:12

It isn’t legally binding

What is a ‘letter of wishes’?*
A letter of wishes is a document drawn up to accompany your will. However, unlike your will, a letter of wishes is not legally binding, instead, it provides guidance to the individuals dealing with your estate and/or any trusts after your death. A letter of wishes allows you to guide your executors, trustees and/or family on specific, sometimes difficult, matters that require discretion, and ensures that they are aware of how you want them to deal with your assets. A letter of wishes may also inform them how you wish them to approach the exercise of their powers.*

BigWillyLittleTodger · 15/07/2024 15:18

VerasMacAndHat · 15/07/2024 15:08

Not according to the article I linked and the advice I was given by my solicitor.
A letter of wishes is legally just that: a declaration of the wishes of the person writing the letter. A solicitor can't write a letter of wishes for you. They can advise on wording etc. But they can't make it legally binding.

Yes apologies the solicitor part is incorrect.

VerasMacAndHat · 15/07/2024 15:18

Deleted because cross posted

yumyum33 · 15/07/2024 15:37

Sunshineafterthehail · 15/07/2024 13:40

Where the heck is the coach taking you to? Hell?

Best post yet!

Andthereitis · 15/07/2024 15:54

https://www.gov.uk/make-will/updating-your-will
You cannot amend your will after it’s been signed and witnessed. The only way you can change a will is by making an official alteration called a codicil.
You must sign a codicil and get it witnessed in the same way as witnessing a will.

Dotto · 15/07/2024 17:49

From the same gov.uk link:-

"For major changes you should make a new will.

Your new will should explain that it revokes (officially cancels) all previous wills and codicils. You should destroy your old will by burning it or tearing it up"

Notreat · 15/07/2024 17:54

Hellohah · 15/07/2024 13:31

In case her and her daughter die.

But surely it needs to be for more than 4 days. They could die together at any time they could be in a car or train crash, or other accident. Accidents don't just happen on holiday.

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