Not to have a will?

[MissCromwell]

Was wondering this after reading the other thread on wills. Neither DH nor I have one.

We have a very simple set-up, no steps and exes in the picture. We get on with our immediate families and trust them and each other to do what is right.

So - if one of us dies presumably the other inherits our (jointly owned) house and the insurance pay-outs. If we both go, then presumably DC gets it all, and our immediate families sort out what is the best way to care for DC (we have talked to them about this, and DC will be cared for by family, but nothing is in writing).

So, is there really any need to write a will? Or is there something I'm over-looking here?

Think the keywork here is "presumably". You are seriously planning to "presume" with your DC's futures? Not do any research or talk to professionals? Not to properly appoint guardians in case the worst happens? (DH and I did this when we were 23). Yes, yabvu. And irresponsible and lacking in thought towards those who would have to deal with the fallout of you dying intestate.

If your families can't agree on the care of your DCs, they will go into care so YABU not to have a will. You can't presume anything.

We have just had ours done as I want it made clear what happens in the event of our death and it will also take the pressure off the families who will be left to sort everything out and make decisions because you didn't bother to make a will.

LittleSilver, I did do the research at one point and as far as I could see the legal position if I didn't have a will was that dh would inherit or DC if we both went. That is exactly what I would put in a will if we had one!

We have relatives alive and well who have said they would care for DC. Why does it matter if we formally appoint guardians or not?

And why would it be difficult for those left behind if we died intestate? I'm just curious - not saying that you are wrong.

You NEED a will - you need to decide what happens after your death.

What happens if you and your dh are in a plane crash for example?

It's not as easy as saying my dh will have it all.

No, the surviving spouse does not automatically inherit everything, under the laws of intestacy.

The only sure way of the house and other assets being inherited by the survivor is to make a will and as CFAN points out, your children could go into care if you don't appoint a guardian.

If you want some advice, I run a willwriting service and could give you some free advice with no obligation. [email protected]

my father killed himself and left no will and it was a nightmare to sort out debts, foreign property, etc.

You've reminded me to sort one out.

No way would DC end up in care! There are several family members who cold and would step in. I suppose I have felt by appointing guardians formally I am laying the dead hand on our families - specifying exactly who will do the job, when we wouldn't know from the grave exactly what arrangement might work best.

We have no foreign property, dorisbonkers, other than a few euro notes that might be lying around!

Google something like "intestacy rules" and you will see why a will will be the best money you ever spend for the sake of your DCs.

could not cold

UAB stupid

if you don't realise the pain and haert ache it would be if you died and then the mess you will leve without a will...

I pity your poor family

Riv, remember I'll do a freebie if you mail me. [email protected].

So far as the guardianship goes, I know it'll take some serious thinking.

You may also want to think about a discretionary trust so your dd still gets benefits (if she has money in her own name she may be ineligible).

YOU NEED A WILL. Especially if you have children.

Because you have children you will get some of the estate and the rest is locked up in trust for the child. Imagine if you can't afford to keep the house because of that.

That might not seem that bad but what if you need the trust money simply to look after your DC and can't because you can't get hold of it.

We have made a will simply to ensure that I or he is taken care of to be able to care for our child with a roof over our heads and not have to work....hopefully.

We have also been spacific on who we want to look after DD.

BTW we got a will kit from the internet (or you can get one from the post office) they only cost £10 and you don't need any legal help. Read things through carefully and you should be okay to do a straight forward one.

You really should have a will.

My DH is a solicitor and specialises in this area of law. Truely, it can be a real pain if one of you dies and leaves the other with no will, and even worse should both of you die and leave your children. It makes stuff just harder and more hassle for those left behind. And although you think your family will be fine there is no guarantee. The sorting out of estates after a death can bring out the worse in families - believe me, my DH has some bizarre stories.

A will for you both will cost you around £200.

But don't do a BIY one or use a will writing cmpany.Get a solicitor to do it right and save your family hassle later on.

IvyKaty - I am trying to understand what the implications would be, but I still don't understand why it would be a "mess". It's not helpful just to tell me that without telling me any reasons.

bedlambeast - your post does interest me. Are trustees appointed automatically then? I couldn't see anything in the intestacy rules that I looked up (thank you bedlam beast).

Riven, so sorry to read your post. That is hard.

Thank you Mumblechum - I might take you up on it, but have to do some thinking first.

Thank you too Supergreenuk: that is a very helpful post.

I know everyone is saying I am very irresponsible, but sometimes wills cause problems too. for example there have been press stories about solicitors getting themselves appointed executor and then charging estates huge amounts.

We have made sure our DC would be financially provided for, and know there are people who would love her and look after her. It didn't seem so terrible to let them sort out the details according to exact circumstances at the time. And also not to "snub" one set of family.

It does concern me particularly though that if DC's money was in trust, guardians might not be able to access it when necessary...

you can make a will without setting out who you want to look after you dc, you make a will to state what you want to happen in some circumstances.

If you don't want to do part of setting out about your dc then fine, or just state what your wishes are for some of your dc.

but at least those children and your spouse have a will and can get things sorted without all the hassle of not being a will - the will make all the legal bits easier and no waiting.

A small insurance is also handy to cover children until they are 18-21, at least then you knwo that they are not going to have to worry about the people looking after them running out of money.

I was warned about the courts not allowing children togo to relatives if nothing has been stated, it can lead to much heart ache. Also picking people that are not "old" as if it is a mess and went to court the court could step in and choice to stop the arrangement if they don't think it is workable.

It doesn't matter if you have loads of family willing to look after your DCs, we do too but if someone wants to do it and another family member disagrees and says they want to do it, the courts will take the children into care rather than choose someone from the family which we have recently found out and that is why we have had our wills done. We have chosen 3 people who will decide betweent them who is in the best position at the time. They all know this but it means other family members cannot come along and say that they want to do it and cause a bit dispute.

Sorry to go on but you need to realise that just because your families would do it, doesn't mean it will happen that way and you need to make your wishes clear, in a will.

We used a company and there is nothing wrong with it, it was £78 for the both of us.

OK - I'm off to write a will!