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Original poster

Advice on wills during pregancy

16 replies

Wuffleflump · 09/01/2018 20:07

Neither my partner nor I have a will. We are unmarried. We know we need to get them done, but our circumstances are in flux.

We're buying a house in June and have a child due August.

I'm aware that if he dies in the next six months I'm potentially left with a child on my own and no claim on his estate (if I die there's no child, so no need to provide for one).

But will we need to write new wills after we buy a house and have a child? Re-writing wills is unlikely to be high on our agenda with a new baby, and we don't want to go a expensive solicitor route twice in a short space of time.

If we get a solicitor to help us can we future-proof effectively? Or are we better off going a cheap/DIY route for the interim should the worst happen, and get something more permanent drawn up later?

OP posts:
NickMyLipple · 09/01/2018 20:12

I can't advise but in a very similar position - I'm due in April and we have owned our house for 18months but neither of us have a will. I think we should sort this!

ArnoldBee · 09/01/2018 20:15

The cheaper route might be marriage...

bearstrikesback · 09/01/2018 20:19

Can you not write one in 'anticipation of the birth' as people do when they are to be married? Marriage nullifies any pre-existing will. Then no need to re-write after the birth.

Loner1993 · 09/01/2018 20:33

I’ve recently organised ‘mirrored wills’ for myself and partner for same reason. (If one dies it’s left to the other, if both die it’s left to baby). It’s a lifetime will with unlimited changes for no cost.
£150ish. Not cheap but a one off payment and can add things like houses/babies.

RubyBoots7 · 09/01/2018 20:59

In similar position (pregnant,not married) except we already have a joint mortgage. Got wills recently and it's completely straightforward. Piece of cake honestly.

Everything in it just says in the event of DH's death, any/all property and possessions goes to me and vice versa (except any specifics we leave to others). If we both go together, passes to any dependents (so fine for multiple current or future children). If both us and dependents die then it goes to X, y and z divided up in such and such a way.

The problem if one of you dies post baby arriving, and you don't have a will saying otherwise, is that everything that party who died owns will automatically go to the baby rather than the partner, which is a massive ballache! Can you imagine if your baby then owns the finance on your car, half your mortgage, etc. Access to funds to sort stuff out would be mega tricky.

Also consider (which is what spurred us on) that it can include legal arrangements for who is responsible for your child and protecting their interests if both of you die but not your children (ie legal guardian/s). We had very clear ideas about who we would and wouldn't give this responsibility to and did not want any uncertainty or arguments. Legal guardian doesn't mean they have to live with those people, just that those people will be the ones to make the decision what happens to your child/ren if you both die.

You'd never have to change it unless you wanted to, or if you got married, you'd have to go and do an amendment BEFORE you get married or else it cocks everything up.

kath6144 · 10/01/2018 16:15

Can you imagine if your baby then owns the finance on your car, half your mortgage, etc.

Ruby - debts don't get passed on!

Yes the child would own half of the house and other assets, but it wouldn't inherit any debts.

Op - Ruby is correct in that you can do wills now and include for leaving to any dependents (usually worded as 'issue' I think, so would include for children who weren't dependent)

Get it done sooner rather than later

RubyBoots7 · 10/01/2018 17:16

Sorry poor choice of words. Obvs a baby doesn't inherit debts. They inherit your partner's assets. Which you can't then access in the same way.
Long story short, making a will when pregnant is totally straightforward and highly recommended if you're not married (and tbh even if you are in the event something happens to both of you).

thecatsthecats · 10/01/2018 22:50

Not pregnant, but I did draw up a DIY will before I bought a house with my partner to handle my house deposit, so I could arrange a proper one later. Got another temp one now to last us til the wedding.

mumblechum0 · 11/01/2018 19:14

I’m a Willwriter (and worked as a High St lawyer for 25 years before going freelance).

It’s actually really simple. You need to make mirror wills giving everything to each other, then once you’ve both died, passing whatever assets there are on to your children.

You don’t need to change the wills as and when you buy properties, nor do you need to change them on marriage, SO LONG AS the appropriate clause is inserted to say that they’re made in contemplation of marriage, and won’t be automatically revoked.

So a well written will, taking into account all foreseeable life events, should last you many years. It’ll even include what would happen if your adult child died before you leaving children of their own.

Fees obviously vary, depending on the area you’re in.

Situp · 11/01/2018 19:16

We were advised that You cant include someone who does not exist in a will so until a baby is born, they can't be named. We had to redo ours after DC 2 was born.

Situp · 11/01/2018 19:17

Sorry Mumblechum, x post. Maybe we were given bad advice?

Pitapotamus · 11/01/2018 19:24

Sitcup, sounds like you may have been given incorrect advice. Clearly you can't actually name a beneficiary of a will by name until that person exists but you can say that you leave everything to your children. That will cover children existing at the date you wrote the will and future children. I wrote my own will (I'm a solicitor) when DC1 was born and haven't changed it following the births of subsequent children because there has been no need.

mumblechum0 · 11/01/2018 19:40

Sit-up, you never name the children (unless you’re well out of childbearing age).

The will simply says “...to be divided equally between such of my children as shall survive me....”

StopTheRoundabout · 11/01/2018 19:48

We are married so slightly different but when making our wills the solicitor advised putting in a section on the event of both of us dying, naming (having previously agreed the arrangement with the person/people) who would become the legal guardian of our DC and giving them access to all policies in relation to providing financially (life insurance/savings/trust funds etc ) for our DC. We were slightly sceptical but the solicitor pointed out if you're willing to leave your DC in their care, you should be willing to trust them to be responsible to use the money to provide for your DC. I made a will when I bought my first home- before we getting legally married and having DC. I was told that by marrying DH, my original will was made invalid (due to change of legal circumstances) so I needed to make a new one. This may depend on the law of where you are so check with your solicitor.

Situp · 15/01/2018 04:27

Well I feel like a bit of a mug then.
DC3 is due in a few week and we are having to get them done again.

Not planning on a 4th but will get the wording changed just in case.

Thanks for the info!

mumblechum0 · 15/01/2018 14:54

SitUp, I'm surprised that the lawyer didn't provide for future children, that's completely standard for youngish couples.

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