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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can you make a will if you have no property?

30 replies

HelpWithWill · 03/11/2024 11:12

In my family, no one owns their own home and no one has any ‘big’ assets that could be passed down to a partner or their children. When people have passed, there’s never been a will to refer to or anything like that.

I have two young children and I’d like to have something in place in case I randomly pass away. I don’t have anything to pass down to them like an estate or anything but can you still have a will in this case? Or is a will solely for those that have a property/money? I hope that makes sense!

OP posts:
Osirus · 04/11/2024 17:54

OP, anyone can make a will if they’re an adult.

It’s actually really important if you have children so you can appoint guardians. There’s no guarantee they’ll be appointed but it will at least state your wishes.

Look into the Cancer Research free will scheme, and it won’t cost you anything either.

stichguru · 04/11/2024 17:55

Yes go to a solicitor. You say you don't have property, but you do have kids. Writing a will because you have property is unimportant compared to writing a will because you have kids. You need to START with who will become the legal guardians of your kids if you pass away. It absolutely does and should be written into the will. Especially if their dad is not involved, or in the horrible situation that you were to pass together, but the kids survive.

Bellaboot · 04/11/2024 17:56

Your wishes for guardianship of minors is most definitely written in a will. Instructions on how to access the kids benefits won't be.

OneMoreLime · 04/11/2024 17:58

By "wills are purely for property", the previous poster is referring to belongings, which could be jewellery, money in the bank, investments, a car, a house, sentimental items. They don't just mean a house.

A will is a legal document. In your will you will set out who you want to receive these things. This is usually binding. If you leave your jewellery to your sister, your aunt can't just decide to take it instead.

If you don't have a will, things you own will be given to a relative via the rules of intestate.

You can state who you would prefer to care for your children after your death but this is not binding. Social services could make a different decision. The children's surviving parent could make a different decision. You don't need to write your preference in a will - you could write it somewhere else.

You can leave practical instructions to those left behind, but again this doesn't need to be in a will.

The only thing that needs to be in a formal will is who you want to receive the things you own after you die.

NoMoreLifts · 04/11/2024 18:01

Also, is your don't have a will there are other steps that the person showing or you're estate will have to do before they even start e.g. get appointed so that they can sort out your bills, tenancies etc. This adds complication at what is already a difficult time.
Re life insurance, consider term assurance we instead. It's a medium term contract for a fixed number of years eg till your children are 18. Often cheaper.

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