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Worth redrafting will after second DC?

4 replies

ScarfaceCwaw · 01/03/2021 13:58

We had wills made after first DC but long story short, we never got around to properly having our signatures witnessed, etc. We've since had a further DC and very conscious that we need to get the wills sorted. They are mirror wills, we are married, and there are no previous marriages or DC other than our DC together. Should we alter the will text to specifically refer to our second DC, since we have the chance? I believe at present it refers to DC1 by name and then a reference to any further DC. We are pretty sure we're done with kids, and our DC are our primary beneficiaries and we intend that they inherit equally. I'm just wondering if DC2 could be in any way disadvantaged if their sibling is named but they are not.

OP posts:
skeggycaggy · 01/03/2021 14:02

It depends exactly what it says. Our adviser specifically said to word it as just ‘children of our marriage’ or something like that, not naming individual children since we weren’t making specific bequests, to avoid this exact issue. And in fact we have had 2 kids since having the will drawn up.

prh47bridge · 01/03/2021 14:35

As long as your will is clear that all your children should inherit equally, it doesn't matter whether they are named. However, as you haven't executed your wills properly you do not currently have valid wills. I would recommend getting one properly drawn up.

ScarfaceCwaw · 01/03/2021 14:41

@prh47bridge could you clarify your latter point? The will was professionally drawn up a few years ago- we just haven't signed it. Is there any reason it needs to be redrawn as opposed to just signed now?

OP posts:
prh47bridge · 01/03/2021 15:13

If it was professionally drawn up I'm surprised it isn't signed. However, it may still be worth reviewing your circumstances with a professional to make sure what was written is still appropriate.

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