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?

'For tax purposes, dying intestate can be disastrous; only the first £125,000 of the estate is tax-free, meaning that a surviving spouse or civil partner can be faced with an enormous tax bill. There are numerous cases every year of individuals being forced out of their family home due to their inability to pay this bill. Indeed, this problem can be even worse for non-married co-habitees; in these cases there is no tax relief at all.'

Riven that is awful, especially given your circumstances!!!!

If you trust the tax man then maybe - but being a cynic it well may change by the time I dye and i don't really want to leave a mess to be cleared up.

It is bad enough doing probate anyway without all the extra hassle and that is from spouse to spouse with a will. When my uncle died one night out during a snooker match it was years before it all got sorted, months of worry and frustration just because there was no will or his wife.

We are just in the process of doing our wills, and it is def worth doing. It feels harsh, saying X or Y will or will not be guardian to ds, but it has to be done, for his sake. What if everyone fought over him, too many trustees can spoil the broth! Also if something happened to dh or I, the share is split between ds and survivor, not automatically to surviving spouse.

Also, if not married when you do wills, then you get married, you need to re-do the will, but sorry, can't remember why!

Riven - different circumstances to yours but we had a will with no guardians named. DH is an only child and I have one (single)brother in USA. Luckily they are now both over 18 so they would get the house between them and some savings.

I think you need to go to a (highly) specialist solicitor - perhaps a charity that you are involved with might recommend one who can advise on your exact circumstances?

Sorry, "they would get the house" means my two boys.

YABVVVVU.

£150-ish at a solicitors to get a watertight will. Done and dusted.

Oh! this thread has made me think! Is it true you need to re-do your will when you are married? I am getting married in August.

I haven't made a will yet, but detest the idea of my DD going into care.

So should I wait or not?

Don't trust families to get on. Most families behave very very badly when wills and estates are involved and you certainly don't want families fighting over your children or how to spend the money you have left to them. you may get on with your families but do they get on with each other?

My sister hasn't spoken to anyone in the family for over 4 years due to my mother's estate (and she had made a will).

Who do you want to look after your children if anything happened to you? Do they know this? Do other people know this? We had to think about it as my parents are both dead and so is DH's DM so I had to speak to my sister and ask her. And the money goes in trust administered by her and my brother so there's no way she can nick all the money to build and extension

YABU - why on earth would you not want one?

Purplebuns - not necessarily no. You can have wills made that take into account impending or future marriage.

Even if you make a will it can sour. My DH's mother is involved in something that would make Jarndyce vs Jarndyce look tame.

Also, when I was an executor of a will. a benefactor had died intestate. His estate, ie his children, were not able to inherit as a result. Just do it!

Purplebuns, if you do your will before you marry, it can remain valid if you specifically state that it will not be revoked upon your intended marriage.

It will then go on to say that even if you don't end up getting married, any gift to your future spouse is not invalidated by your non-marriage.

Thank you, I will have to save up first alongside paying for my wedding

It is worrying me now though!

Get a will. We just got ours done - complex family situation, with very young half-siblings and various family members who would all want them in the event of my and dp's death.

The guy created a table of all the people involved in all hypothetical situations and we got up to person number 17!

The vital bits were ensuring that if dp and I die, that the house is in trust for the kids yet they and carers can afford to live in it, and that decisions regarding the kids are made by the people we'd want (it would be up to them to agree on where they'd live but ensuring the kids stayed close).

Can I ask why do it yourself wills (ie, using those packs from WH Smith or online) are a bad idea? Surely as long as you have your wishes written down and signed it's OK? Or not?

Because a diy will does not ask questions you may not have thought of.

Particularly where there are step children, situations can become extremely complex, and if assets are to be distributed fairly, a lot of "what ifs" have to be factored in.

The thing my clients say to me most frequently is, "Aaah, I would never have thought of that - that does need to be considered".

because if the wording is wrong in the eyes of the law or the will isn't correctly to the law, say witnesses or soemthing - then it is invaled and no different from dying without one...

You can make a will "in comtemplation of marriage" but I believe that it must expressly state that or the will will be revoked by a subsequent marriage.

We don't have any stepkids or anything and know who we would want to take DC's should something happen to us. Plus our assets would go to DC's equally (sale of house would go to the person caring for DC's to pay for their care). What other things would we need to state?

ilikeyoursleeves - have said this lots of times on here; but DH has been known to make far more money from sorting out DIY wills and poorly wirrten wills than he does from writing a decent will in the first place.

The advantage of having a good solicitor do it means that you are asked to consder ALL evetualities and possibilities. They will go through all the What if questions with you. the will is also written carefully so that there is only one way of interpreting the will. IIRR hardly any punctuation is used for exaple, as this makes the will reading more clear as to the meaning.