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Do I need a basic will or more detailed?

5 replies

Morporkia · 09/05/2024 09:52

DM & SF were tenants in common, DM died a couple of years ago and her 50% was put in trust for myself and 2 siblings.
SF has dementia and is going into a care home. The property has been put on the market to pay the fees. SF is in his late 70s but in pretty good physical health. I've been offered a free will through a charity I support but it's for a basic will only.
I'm worried that if I only have a basic will, it could cause issues for my DH & kids when I die, given that DM's 50% won't be payable until SF passes away?
I'd be grateful for any advice.
TIA

OP posts:
VestibuleVirgin · 13/05/2024 22:37

The free will service is fine for the most simple of wills (no kids/family, business, etc). Anything else, it's wiser to use a solicitor; they will know all the bases which need to be covered, potential pitfalls, and any tax issues.
Sorry I cannot be of more help. Good luck!

GolfForBrains · 13/05/2024 22:43

Is it definite that your mum's half is only paid out when he dies, rather than when the house is sold - what does the will say? Where will half the proceeds go then - just sit in a bank account until he dies? It's not his money and surely the only reason it was put in trust was while he was living in the house so he didn't have to sell his home?

Annie098 · 13/05/2024 23:29

It would be usual for your DM’s Will to say what should happen to her share of the property when the trust comes to an end, if one of the beneficiaries (ie you or one of your siblings) die before that happens. In which case, your own Will has no bearing on this. However, it sounds like you need some clarification on the terms of your DM’s Will and I suggest you go and get proper legal advice - especially if you are one of the trustees - as you need to understand your rights and obligations.

Annie098 · 13/05/2024 23:41

GolfForBrains · 13/05/2024 22:43

Is it definite that your mum's half is only paid out when he dies, rather than when the house is sold - what does the will say? Where will half the proceeds go then - just sit in a bank account until he dies? It's not his money and surely the only reason it was put in trust was while he was living in the house so he didn't have to sell his home?

This very much depends on the drafting of the trust. It might come to an end if the property is sold, but it might continue for the lifetime of SF who may well be entitled to receive capital from the sale proceeds, or any income arising. It’s important that OP understands the terms of the trust.

Morporkia · 15/05/2024 14:43

Hi thanks for the replies, mums will states that her half is to be held in trust until her husband dies, the interest to be payable to him. It also stated that if I died before mum, then my share will go to my kids.
Obviously with mum already dying that part of the will is a moot point.
I'm going to call a solicitor next week, get some advice and have a will drawn up for my own peace of mind.

OP posts:
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