To ask how ti write my Will

[OopsyDaisie]

I'm from a country where Wills are hardly a thing (very strict legislation dictates who gets the estate), but I've been living in the UK for many years, and have 2 DC with DH. Our home is here, but no other family around.
If I don't have a will what happens if I die? What about if DH and I both die?
I assume I need a Will sorted ASAP? Would an online free service do? (I.e. Natuonal Trust, WWF website...) or would I need a solicitor? I'm quite lost with all this!

I went to a solicitor. Very simple will. Cost £200.

Some charities offer free wills in conjunction with a solicitor. No strings but they are hoping for a bequest.

If you die intestate then your estate will be distributed as per the intestacy rules.
https://www.gov.uk/inherits-someone-dies-without-will
You don’t have to use a solicitor to draw up a will, but it may be useful in your case if you are unfamiliar with the process in the UK.

Do you pay for your bank account? If so they will likely have a service included.

If you die, your husband gets everything, if he dies, you get everything. If you both die, your children get everything.

so technically don’t need a will as you are married with biological children that you share and no others. But I would have one so that I could also name a guardian preference for the children should you both pass. Or, appoint someone to be in charge of their trust should you both pass while they are children.

fwiw I don’t have a will, our son gets everything if my husband and I die. If we were all dead then I’m sure my family would arrange to share between my sister and his siblings, but I won’t even care because we will all be dead.

I paid a professional £175 to do mine for peace of mind.

If you don’t have complicated trusts or property ownership and things like that, and you intend to leave everything to your DH and DC, it is quite easy to write your own will. It is worth your DH doing one at the same time. You can find templates online. An important thing is to leave a copy somewhere obvious so it is easily found after you die.

Avoid charities or offering ‘free’ services, I have heard they can get very aggressive about claiming after you have died. Also solicitors will appoint them selves executors and claim loads for their time.

How about the guardianship of your children if you were both to die at the same time?

That's one of my main concerns....I don't know if I could name a guardian that is not a UK resident (DC are also citizens of the country our extended family live, so am I and DH). As I would like it to be my sister, but that means she would need to "come get them"....

Thanks! That's helpful!

If you die, your husband gets everything, if he dies, you get everything.

Only up to a certain amount. If you have significant assets, anything above that amount goes to the children.
Check who can apply for probate and inherit if someone dies without a will - GOV.UK

You also need to be aware that the law is different in different parts of the UK.

OP, I would advise you to see a solicitor.

Advice from Boreded isn’t totally correct. It depends on the amount in your estate. Get proper advise esp as you have young children.

I'm not always a fan of this take on things as it doesn't account for any subsequent remarriages.
My husband is the father of my two kids and a good dad who loves them, however what he isn't is a forward planner so if I dropped dead and he inherits my full estate that's all well and good but if he chooses to remarry and then drops dead himself my kids are potentially left high and dry with the new Mrs Artful sailing off into the sunset with my estate. I have therefore made a will that reflects my husband inheriting 50% and my kids getting 25% each.
If you want a child/ren to inherit you need to take control of that decision whilst you're alive and in a position to make those choices.

Sorry I meant to quote this post

It is a great kindness to your survivors to leave a valid will. It makes their job(s) much easier and ensures that assets go to those who need them more quickly.

DH and I had 'mirror' wills so that the survivor inherited all the deceased's assets in order to provide best for the children. Otherwise, you can have a situation where your children inherit shares of your family home and can force your DH to sell!

Yeah appreciate that (and actually didn’t even realise tbh, learned something new today) but this situation is dependent children not adult children, so they wouldn’t make a claim on the estate if either parent was alive, and would get it all if neither was so I doubt it is an issue here.

definitely something that people need to be aware of if they have adult step children though, they could find themselves out on their asses.

It is when the children are young. Only becomes relevant when they are adults

It is when the children are young. Only becomes relevant when they are adults

The law (in England and Wales at least) says nothing about the age of the children. Minors or adults, they are entitled to a share in any assets above £322,000.

From the gov.uk website linked to above:

The husband, wife or civil partner gets:

• up to £322,000 in assets, and half of the rest of the estate
• all of the personal possessions of the deceased

The children of the deceased are entitled to a share of the half of the estate above £322,000.

Right, so they ‘can claim’ but who will claim when they are children? That’s the point I’m making. they’ll carry on living with their dad, and he will inherit everything because nobody else will claim it.

If they were older it would be needed as they’d be more savvy so could claim. Even still the poster (and husband) would have to be worth c.650k for one person’s half to make it over the threshold

And everything in joint accounts would be the surviving party’s by default, not to be included in the estate.

Even if you name someone as a guardian doesn’t make it legally binding but if deemed reasonable your wishes would be followed

Right, so they ‘can claim’ but who will claim when they are children? That’s the point I’m making. they’ll carry on living with their dad, and he will inherit everything because nobody else will claim it.

It's not a question of 'claiming'. They don't have to 'claim it'. Legally, it is their inheritance. The father doesn't 'inherit everything' just because his children are minors and living with him.

Thanks everyone! This is very helpful! I will see a solicitor, as we also have property in our country of origin, and due to the naming of a guardian... So that on sure to be making the best choices for my kids.

An under 18yo can’t inherit anything whilst still a child. If they are a beneficiary when under 18, it is held in trust until they reach 18.