FabSwingers.com forum: Legal query

By *istressZoe OP TV/TS
over a year ago

cheshire

Looking for anyone in the legal profession or who has knowledge of Wills to point me in the right direction

Question - most suitable will for a couple ( both second marriage) both have own children

Man - one child aged 17

Woman- two children both adults

No children together

Both have lapsed wills that became obsolete when they got divorced from first marriage

Male is only one with name on deeds of property

Property worth 200k

Both have paid mortgage for 12 years

Male put 50k into the deal - but wishes the property to be split equally between him and female ( does she need to go on deeds?)

Both have life assurance that would pay off mortgage if they die

Neither have any significant assets but both have public sector pensions

Both parties want to protect the legacy to their dependents

On death of Male first he wants to ensure wife remains in property

But would like his share to ultimately go to his child. ( perhaps a trust scenario?)

If Female dies first would like the female to know that her children’s interests proctected

If both die at same time Property sold and spilt between the children on 50/50 split

Males child gets half

Females children get half

Reason I’m asking this is I have a friend in similar situation who passed away - 2nd wife had stayed in property but on her death she left it too her children excluding my friends son as she just changed will And left estate to her children

I am sure this is fairly common and perhaps their is a Will fact sheet that answers this? But your opinion would be interesting!

Thanks in advance

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By *allySlinkyWoman
over a year ago

Leeds

If the couple are married and have no will on death of one, everything will go to the surviving partner. This person can then make a will doing whatever they want with the total assets

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By *rightonsteveMan
over a year ago

Brighton - even Hove!

Gets solicitor

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By *allySlinkyWoman
over a year ago

Leeds

"Gets solicitor "

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By *amissCouple
over a year ago

chelmsford

Definitely see a solicitor. We've just done a similar thing and I was added to the deeds. It can be complicated when children are involved, also inheritance tax could come into play.

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By (user no longer on site)
over a year ago

Get to agood solicitor.

Would you want your child to be left with nothing on your death????

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By *allySlinkyWoman
over a year ago

Leeds

Why should one child get 50 % and the other two 25% ?

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By *AYENCouple
over a year ago

Lincolnshire

Did you get mixed up as to what forum you're on op?!

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By *os19Man
over a year ago

Edmonton

If you want to make sure your children are left with something after you pass away get a will drawn up with a solicitor and tell you children what you have done and how you have divided things tell them where the will is or give them a copy so they will know who the solicitors are so that they can go about getting their inheritance.

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By *amissCouple
over a year ago

chelmsford

"If you want to make sure your children are left with something after you pass away get a will drawn up with a solicitor and tell you children what you have done and how you have divided things tell them where the will is or give them a copy so they will know who the solicitors are so that they can go about getting their inheritance."

At the moment, the female is not on the title deeds, so she has no share in the house, until a transfer of title is done. Sounds like it needs to be 'tenants in common ' so the couple have an equal share in the property and can bequeath their share, as they wish, in their wills.

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By (user no longer on site)
over a year ago

In our experience, there's no such thing as a "lapsed will". It is by definition a LAST will and testement.. It can always be contested. Go to a solicitor, outline what you want and get it drawn up.

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By *layfullsamMan
over a year ago

Solihull

The forum is great for friendly well intentioned advice and some of the posters might be solicitors but for your own peace of mind speak to a solicitor and protect your loved ones future

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By (user no longer on site)
over a year ago

"Gets solicitor

What he said.

Legal work is full of banana skins that the lay person does not realise. In a limited number of cases, an off-the-shelf boilerplate document will suffice, but in most cases the specifics of a person's situation necessitate at least some degree of customisation. With a will, by the time you discover that what you have in place is inadequate, it's usually too late!

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By *amissCouple
over a year ago

chelmsford

"The forum is great for friendly well intentioned advice and some of the posters might be solicitors but for your own peace of mind speak to a solicitor and protect your loved ones future

Most definitely, everyone's situation is different. If you go to your solicitor and tell them what you want, they will advise you accordingly

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By *amissCouple
over a year ago

chelmsford

"Gets solicitor

What he said.

Yes

it's worth paying a bit extra to get it right first time

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By *ig1gaz1Man
over a year ago

bradford

"Male is only one with name on deeds of property

Property worth 200k

Both have paid mortgage for 12 years

Male put 50k into the deal - but wishes the property to be split equally between him and female ( does she need to go on deeds?)

Both parties want to protect the legacy to their dependents

On death of Male first he wants to ensure wife remains in property

But would like his share to ultimately go to his child. ( perhaps a trust scenario?)

If Female dies first would like the female to know that her children’s interests proctected

If both die at same time Property sold and spilt between the children on 50/50 split

Males child gets half

Females children get half

no offense here but shes paid half the mortagage

either share it with her or split and buy your own

as goes for a trust sceanario

either lock it down so they all share it as a trust

they cannot sell without all agreeing to it

with conditions attached that she or he has every right to stay in the property until they die.

so shes also within the trust agreement

but my real comment goes back to shes paid half shes/he is entitled to half if not all with either of your deaths.

if you dont agree its time to sell up and buy seperate propertys that you can provide to your own children.

the only ones that win are solicitors if they disagree.

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By *rHotNottsMan
over a year ago

Dubai & Nottingham

Most suitable will is the one that you want , it’s very personal and the clue in the title, it’s your will. You don't need a solicitor to make your decisions for you , just buy a form write down what you want to happen to your assets in the event of your death, get it witnessed and store a copy with a solicitor

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By (user no longer on site)
over a year ago

You probably need to look into trusts. Consider the most effectively administered.

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By *onglegs888Couple
over a year ago

Birmingham

In the nicest possible sense please do not listen to any advice given on this topic by well meaning for unites. The situation you describe is not uncommon but covers a wide range of legal issues tgst you need expert advice on.

See a solicitor, draw up a will/legal documents that make both your wishes clear. Also (and lots forget this) share the details/copies with other parties such as your children etc. This helps in removing any issues and ensures all parties are fully aware of your wishes.

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By *amissCouple
over a year ago

chelmsford

"In the nicest possible sense please do not listen to any advice given on this topic by well meaning for unites. The situation you describe is not uncommon but covers a wide range of legal issues tgst you need expert advice on.

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By *om and JennieCouple
over a year ago

Chams or Socials

If you are in a union, see if they offer a free will writing service.

If not go see a proper solicitor. It’s not as straight forward as some people might think

J x

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By *onglegs888Couple
over a year ago

Birmingham

"If you are in a union, see if they offer a free will writing service.

If not go see a proper solicitor. It’s not as straight forward as some people might think

J x"

Any of the free will services won’t address the complex issues OP has.

As I’ve said this is quite complex (not difficult but covers lots of legal issues) so a solicitor specialising in this area is advised. And it won’t be your basic, couple of hundred quid, type will.

It wont be cheap to address all the OP has but without doubt will be money well spent ti ensure the financial affairs of them and their children are met.

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross

Take a cursory look at family law courts on their website re inheritance and rights etc......

Take advice from C.A.B .....

Take free advice from books and sites.....

Then , when you are ready to draft the will see a solicitor.

No will = ALL will go to a surviving partner in marriage. ( make sure you are aware of variations of this also )

Make sure that your ex partner has no claim on the property and don't assume they haven't cos you don't think it's moral that they do ... it's what's legal that counts.

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By *ficouldMan
over a year ago

a quandary, could you change my mind?

Go see a legal professional.

"Lapsed will" ummm a will is a will.

If things were not concluded on previous marriage correctly you may find they have a claim on event of death.

Honestly here isn't the place for legal advise, my above reply is from my searches and reading over time and trying to understand.

From what you have said you will need very specialised advice too.

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Legal query - advice on Wills