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Would this be a will or...?

9 replies

somedizzywhore1804 · 21/12/2013 23:36

Inspired by another thread.

Pregnant with DC1 and thinking about who would have them if me and DH died together.

I know my parents put their wishes in their will when we were kids but their will also (obviously) divided up their property etc. DH and I have no property and nothing worth having in savings so don't have or need a will for that.... But do we need one to stipulate our wishes on this? Or would it be some other legal document?

Thanks in advance.

OP posts:
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StarsUponThars · 21/12/2013 23:38

I think that this would usually be stated in a will.

somedizzywhore1804 · 21/12/2013 23:39

Right so we need a will despite having no property or money to leave?

OP posts:
onedev · 21/12/2013 23:41

We put ours in a will.

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StarsUponThars · 21/12/2013 23:42

I'm not an expert, but I think it could be a useful place to specify who you would like to administer your estate (if that's the right term), look after your DC etc.

There's an MNer who has a will writing business, Marlowe Wills? I think she has an advert in the advert section of MN. I'm sure she'd be happy to give you some advice.

DorothyGherkins · 21/12/2013 23:46

You may not have any money now, but what if you won a million on the lottery the day before you died? A will ties up all the loose ends, and makes sure anything left goes to those you would wish it to.

gretagrape · 22/12/2013 07:08

You can ask someone to be your child's legal guardian in the event of both of you dying - doesn't have to be part of a Will, but you'd draw up a separate document for all parties to sign...well, that's what my sister in law has done anyway!

wigglesrock · 22/12/2013 07:44

You can't bequeath your children as such in a will. You can state your wishes, obviously making sure the prospective guardians are aware. But obviously there's no legal obligation & it can be challenged.

mumblechum1 · 22/12/2013 08:05

There's an MNer who has a will writing business, Marlow Wills? I think she has an advert in the advert section of MN. I'm sure she'd be happy to give you some advice

That's me Xmas Smile OP, as others have said, although you may not have much money right now, the chances are that you will build up assets over your lifetime, especially if you and your husband inherit at some point.

In order to make the appointment of the guardian, you would need to make a will. This would come into effect in the extremely unlikely event that you both die before your child(ren) are 18. Some people appoint more than one guardian so that several people have equal say in the upbringing of the child, others appoint just one, others appoint one, but with a backup in case the first guardian can't act.

I also frequently add an expression of wishes that the extended family on both sides can have direct and indirect contact with the child, as otherwise there's the risk that only the guardian's relatives keep up contact.

If you'd like to PM me for more info please feel free.

Sunnysummer · 22/12/2013 08:07

Even with no savings, you will have valuable items between you, from a fridge to family jewellery, and as others say, circumstances can change without you getting around to writing one.

Even if you simply want everything to go to your next of kin, a will massively simplifies the process, and gives you a chance to state your wishes as you have already mentioned.

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