If you are separated, what do your wills say?

[Helpagirlout222]

Just that really! Our wills are v out of date and were needing changed anyway. Now that we are separated I feel I want to do mine quite urgently
I don't have any assets, quite the opposite, but I want to make sure that in the event of anything happening:

• the kids are taken care of
• they still have access to my family and friends
• any monies go to their care, but not for exDH to do with as he pleases?

What else should I be thinking of here?!
Kids are mid teens

I’m in the process of sorting a will out so I’m following this. I’ve written one out but need it signing by a solicitor. I’ve done it through the Red Cross as it’s a Free Will until the end of December.
I’ve left everything to my DC and put that their dad would take over care and control xx

Thank you! I'm taking advantage of a free offer too, but it's come at a good time as we have recently separated.
Does your ex have a partner? I'm very keen to really enforce she doesn't get near anything I might leave!

If you have a will and you divorce, your spouse is treated as having died. If they were due to receive everything, the residue passes to intestacy (so in your case, your children).

Can I just say be careful of the charity offers. They obviously do it hoping you'll leave them something, and they can be ruthless about it, both in terms of getting the will written the way they want and when it comes to liquidating the assets and being paid what they're due.

Also be aware that your will is primarily about distribution of your estate (money, property and possessions). Care and instructions for your children are merely requests and are not enforceable.

Yes -
What you'd be best off doing it a written account of how much your family seee them (eg do they usually stay with grandparents for a week in the holiday? Every other Saturday?) and then if you die they can argue that that's already in place so it's in child's best interest for it to continue

If you get on ok with ex you could do a parenting plan together and an in case I die plan that you both sign to show you both agreed that would be in best interest of children

Thank you all!
Yes I see I have to do different things
..it's so complicated! I also have to change my nominated death in service person.
Can my will be as simple as "everything goes to my children"?
Mine is through employee services at work so I'm hoping it's ok to use

As soon as I separated I changed my will. All to my kids except a bit to my oldest friend.

I think you have to name them individually. Depending on the age of your DC you might want to set up a trust for them with a trusted family member being a trustee. You could then leave a letter of wishes for them.

They are mid teens so if something happened in the next few years they still wouldn't be old enough to manage themselves. But also not little kids.
I have a small family, v elderly parents, so realistically a trusted friend would be needed to nominate to hold the money for them is that correct?

To be perfectly honest if you died intestate everything would go equally to your children anyway. You will need a new will if you re-marry (wills don't survive marriage) so being intestate gives you the outcome you want.

Someone would have to be able to give a valid receipt (i.e. over 18). This person could be nominated in a will. Otherwise it would normally be your closest surviving adult relative who agrees to do it. Parents, then siblings, then aunts and uncles, then cousins I think.

OP is separated, not divorced.

In that case a codicil amending the will to leave everything to the children would suffice for now unless they are certain they don't want to leave anything specific to anyone in which case a simple "everything to my children" type will would suffice.