Need to write a will but...

[Helpmechooseausername]

Hi all, I need to write a will. I'm 50. I would love to just do a standard online will, but I don't know if my circumstances mean that I need to have legal input to do it.

I own my home with a mortgage and am joint tenants with my ex. We have 3 teenage kids. My ex and I both live in the home with the kids. (That's another whole thread in itself!!) There's about 8 years left on the mortgage. I don't have any other assets really, just my pensions.

Can I just write a will saying that my half of the value of the house is to be split equally between the kids, or is it more complicated than that?

Thanks

I think we need to know if youre still married, divorced, or never married.

What happens to the mortgage if one of you dies, does it get paid off?

Are the children are all over 18?

Does your pension have dependents' benefits, or does it die with you?

Chat gpt is really helpful for stuff like this.

if you do need legal advice co-op do a cheap and cheerful will service with professional lawyers x

I would get this checked tbh by a will writer/solicitor as once you’re dead any mistakes cannot be rectified. Also if you do not intend to leave your half of property assets to your partner, I’d change the title to tenants in common

Oh I missed the joint tenants bit, silly me.

Joint tenancy means the house goes automatically to the other owner(s) if you die, in your case your ex. You can't leave your half of the house to anyone else, it's his.

As PP says you would need to change to tenants in common for you to be able to leave your share to anyone else.

Sorry, should have said that we didn't marry.

Mortgage doesn't get paid off if one of us dies.

Kids are 13, 15 and 15.

My pensions have dependants benefits (I'm curious to ask why you needed to know this!)

Thanks!

Do it properly and pay a solicitor. Get some advice on your general situation while you're there. Online wills are risky enough even in less standard circumstances than yours.

There are charities which do it for free. Google law will writing November. Good luck

Just to add that you won’t need your ex’s permission to change to tenants in common.

see guidance here

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Please go to a professional. This doesn't sound simple. Ask about the possible inheritance tax bill, and while you are there ask about power of attorney. It's extremely helpful to your nearest and dearest if that is sorted out well in advance. I am very grateful to my parents' solicitor who suggested this when they made new wills as it has been a big help in assisting my Mum since my Dad died.

Thanks for the replies! I'm going to look into it all ASAP! So glad I asked instead of just wandering in blindly!!

You cannot leave what you consider your 50% share of the houss in your Will. A basic free or cheap Will is not sufficient. You need to severe the tenancy and place the correct trusts in both yours and partners Wills to ensure what you want to happen will happen. I am a fully qualified practioner in these matters

I echo those who have said that you need to change to tenants in Common. You can do this with your mortgage provider and do not need the agreement of the other joint tenant. Once you've done that you can get your will sorted to say your half of the house (or any equity if it isn't yet paid for outright) is left to whoever you choose. It's a simple form to fill in to change to TIC.

You do not go through your mortgage lender. Generally you should both agree to the changes of joint tenancy to tenants in common but it can be changed without the other owners consent

Find a local reputable solicitor and ask them to draw this up. Well worth the cost.

This. Why try and save a few quid on such an important document. Save on holidays or something but not this

Having been a legal sec for years and seen what happens when you die intestate I’m an advocate of wills.

Second the plea to go to a solicitor about this, there are so many things to think about that are easily overlooked.

It won't cost anywhere near as much as you think, but will be worth every penny.

If you are joint tenants in the house and unmarried please DONT convert the joint ownership to tenants in common until you have taken legal advice - you will need a document setting out the property ownership - you don't want to convert the joint tenancy until that is sorted - that is just as important as the Will.

Don't leave it and do nothing as if you die while you are joint tenants your share of the property goes to your ex and not your children . Remember the same applies to your ex, so if he is in poor health keep it as joint tenants.

You really need good legal advice before doing anything.

💯 online wills are probably OK for straightforward matters but for anything else especially where children are involved I’d go to a reputable solicitor who specialises in wills