Understanding a will

[Shitsandwiches]

Hi

I don't know anything about wills so please forgive my ignorance! I'm hoping someone can give me a quick bit of advice.

I'm the only child - my mum's will names both my dad and myself as trustees but leaving the home & all her worldly possessions to my dad and then me: I don't understand this wording:-

'upon trust absolutely for my husband if he shall survive me for the period of thirty clear days but if my said husband shall die in my lifetime or shall not survive me for the period aforesaid and subject thereto' then it mentions me but says the same thing, if I die in her lifetime etc, and then it mentions possible 18 year old children I might have.

My mum died in 2021, so dad outlived her and my dad is now unwell and in hospital - I've had to clear out the house and get it ready for his return with carers. I thought this was as good a time as any to start getting finances in order, he may eventually need to go into a home and if so, the house would need to be sold, his capacity is waning.

I can only find this one will. I asked him where his is and he said there is only one will in her name and also it states their old address which is different to where the home is now.

Does this mean my dad doesn't have a will and I need to get him to do one while he's still with it, and stating the current address - or is this a mirror/standard family will and I don't really need to worry?

Thank you!

Your dad doesn't have a Will. You also need to make sure he has Lasting Powers of Attoreny in place too. These must be done before he loses capacity and without them any decisions regarding his property and finance or health and welfare are likely to be made by others such as health care professionals/ social workers rather than someone he may prefer to make the decisions such as yourself.

She leaves her estate to her husband unless he dies before or very shortly after her, in which case she leaves it to you, unless you die before or shortly after, in which case to your children.

If your DF says that's the only will, then he doesn't have a will. DH and I have mirror wills, where they essentially say exactly the same thing but with each other as the beneficiary. They are two separate wills.

It's likely they both made the wills together, so can you check with the solicitor who drafted your mothers will whether it was part of a mirror will and if so where your fathers is?

Your dad doesn't have a will. Did he get a grant of probate after your mum died? Who are the executors named in your mum's will.

The 30 day survivorship clause is fairly standard - prevents a beneficiary disposing of an estate (possibly) contrary to the testator's wishes and causing unintended consequences.

Ah ok, thanks everyone - yes he went through all the probate etc back when mum died. It all seemed quite straightforward really in the circumstances as we're such a small family, but up until now I haven't seen their wills and just assumed they both would have one. Mum's will doesn't name any executors, just trustees (Dad and me) and then signature witnesses. I've got both health & financial powers of attorney going through at the moment, his deterioration has been quite rapid and up until now I hadn't thought I needed them.

I've now emailed the will company that mum's was done by.

Get him to make a new will while he still has capacity. You can get a solicitor who will come to his home with a secretary as a witness. My Aunt did this as she was bed ridden with cancer but still sound of mind. Sorry your Dad is so unwell OP.

As there are trustee did your mother leave your dad the house or a life time of living in the house or were you under 18 at the date she wrote it?

In a normal will the executor's job is to act as the person and "gift" property or money free and clear of any obligations or conditions.
A trustee would act more as a caretaker and hold on to the gift until a precondition happened (eg you get X on your 18th birthday).

Are you your dads only child too? If so I wouldn't worry too much. You can get letters of administration instead and you will inherit under intestate rules. Providing be didn't remarry.

Bigger issue is try and get a power of attorney from him. Ita when they are alive without capacity that it is very difficult.

@bunchofboys Yes I'm my dad's only child as well, so yeah I guess it's not too much to panic about, no one else to pass the house to obviously apart from me and my DC, if he had a will, no one would be contesting it, still, I definitely want to make sure I'm not dealing with another nightmare after he passes - someone at work today who I was talking to said why don't you just do a post office £9.99 one! And then you hear stories of people literally scrawling a makeshift will on a notebook from their hospital bed - I think as @caringcarer said, I'll contact a solicitor and get a home visit sorted when he's out, to cross the T's, dot the I's.

And yes, the LPA 100% - though they do take their sweet time on that - at least 4 weeks just to scan it on apparently.

@AnSolas Thank you, no it looks like a bog standard leave the entire estate to my dad, nothing about rights to live there, and I was over 18 when she did it.

Thanks very much everyone