Home to be sold

[Girraffe1968]

Can anybody advise me i live in a detached bungalow with my ds2 hes 14 and got special needs.if anything happens to me can I leave my home to be sold and the money go mo my ds for his future care.and are these online wills legal.

Hi Giraffe - it sounds as though you need to appoint a power of attorney for your son in the event of your death if he doesn't have legal capacity himself.

It's perfectly do-able, but you'd have to consult a solicitor - you could also ask if the solicitor would be the power of attorney - they often do. You say your son has special needs - do you belong to any support group for his needs - they are usually a good source of information.

Best of luck, i'm sure it's just a matter of putting the legal wheels in motion. Go see a solicitor.

are these online wills legal.

Sorry i've just seen this - I don't know if online wills are legal but as you are talking about a property worth thousands and thousands of pounds and the future of your special needs son, i'd be investing a few hundred pounds setting this up securely with an actual solicitor.

You need a Will to appoint a guardian and potentially trustees to look after his finances if you were to die before he is 18 and/or he lacks capacity to manage his own affairs in adulthood.

You imply there is another child. You may wish to specify what they are to inherit from your estate. If you die without a Will it would be divided equally, including the ownership of the house.

If you specify in your Will the house is to be left for your DS2 In the normal course of events your son would become owner of the property and would be able to decide what to do with it or the proceeds of the sale. You cannot dictate that the money be used for his care - his trustees would be in that position.

Definitely get proper legal advice on this as it is more complex than your usual situation

Online Wills can be legal provided the proper formalities are followed. You have to sign it in the presence of 2 witnesses who are there together with you at the same time. If you don't really know what you're doing, get proper legal advice. Its not expensive to get a Will done professionally.

This might be helpful Girraffe

www.mencap.org.uk/advice-and-support/wills-and-trusts-service?gclid=EAIaIQobChMIlNGd5snl8wIVw-vtCh0vFwfmEAAYAiAAEgLkZPD_BwE

Other charities do similar.

I have 2 older children but my son doesn't want anything but my daughters had her fair share of the compensation money I got through an accident.

But ive been giving them both money when they was skint etc but my daughter and her fella took advantage of me..

Thanks will take a look

@Girraffe1968

I have 2 older children but my son doesn't want anything but my daughters had her fair share of the compensation money I got through an accident.

You really do need to make sure that things are set up as you wish them to be by way of making a Will - if you went under the proverbial bus tomorrow your estate would be divided equally and it sounds like you don’t want that

No my daughter and her fella have milked me dry so to say. Constantly asking wont take no for an answer he also stole over 1k from my home. Wouldn't admit at first but then he did.

I think you need a solicitor, if you can possibly afford one. Or try Citizen's Advice, they may be able to help you.
Where there are parties who may want to contest a will, you need your will to be watertight.

OP, I’m a willwriter. Depending on the severity and impact of your son’s SN you may be best advised to put part of your estate into a disabled person’s trust.

This means that your son never receives the money directly, but your trustees use it to pay for things on his behalf. The advantages of this type of trust are that he’ll still receive means tested benefits and won’t be preyed upon by people trying to get money from him.

Your will will also provide for a Guardian who will care for him until adulthood.

You need (I think it’s called) a discretionary trust.