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MarillionFan
15th July 2010, 21:24
Where there's a will?

But who has one? Just had a phone call from a friend to say that he's passing on the news that a mutual contracting friends wife has died of the big C. Aged 41 leaving the guy with a 2 and a 5 year old.
This on top of our friend across the road whose wife died last Xmas of the big C, leaving him with a 2.5 year old(now 4) who we look after once a week.

It never makes me question my own immortality(I am of course invincible) but the wife has started to go on about wills. We don't have one.I always feel by taking one out, it's like your tempting the inevitable!

Just out of interest. Who has and who doesnt have a will?

Poll.....

Pondlife
15th July 2010, 21:41
So the first poll was "how much money do you earn" and the 2nd is "do you have a will"

Sounds suspect to me.


Maybe a numpty question... but, if you're married is one required assuming you don't intend the money going anywhere else.

MarillionFan
15th July 2010, 21:43
So the first poll was "how much money do you earn" and the 2nd is "do you have a will"

Sounds suspect to me.


Maybe a numpty question... but, if you're married is one required assuming you don't intend the money going anywhere else.

Not married. So I believe it goes to Dave. Not sure if this is right though. I have no experience in this whatsoever.

TheFaQQer
15th July 2010, 21:53
Not married. So I believe it goes to Dave. Not sure if this is right though. I have no experience in this whatsoever.

If you have no spouse / civil partner and no children, then the estate is split to:

Surviving parent(s) benefit equally. If none;
Siblings of the whole blood equally. Entitlements pass to descendant(s) thereof if any sibling pre-deceased. If none;
Siblings of the half blood equally. Entitlements pass to descendant(s) thereof if any half-blood sibling pre-deceased. If none;
Surviving paternal &/or maternal grandparents equally. If none;
Paternal &/or Maternal aunts & uncles of the whole blood equally. Entitlements pass to descendant(s) thereof where pre-deceased. If none;
Paternal &/or Maternal aunts & uncles of the half-blood equally. Entitlements pass to descendant(s) thereof where pre-deceased. If none;
The Crown, Duchy of Lancaster or Duchy of Cornwall, according to where the Deceased died.

MarillionFan
15th July 2010, 21:56
If you have no spouse / civil partner and no children, then the estate is split to:

Surviving parent(s) benefit equally. If none;
Siblings of the whole blood equally. Entitlements pass to descendant(s) thereof if any sibling pre-deceased. If none;
Siblings of the half blood equally. Entitlements pass to descendant(s) thereof if any half-blood sibling pre-deceased. If none;
Surviving paternal &/or maternal grandparents equally. If none;
Paternal &/or Maternal aunts & uncles of the whole blood equally. Entitlements pass to descendant(s) thereof where pre-deceased. If none;
Paternal &/or Maternal aunts & uncles of the half-blood equally. Entitlements pass to descendant(s) thereof where pre-deceased. If none;
The Crown, Duchy of Lancaster or Duchy of Cornwall, according to where the Deceased died.

So, no will, means to your 'civil partner' right? Where your civil partner is your 'in house squeeze' or kids mum/dad?? Right??? :confused:

TheFaQQer
15th July 2010, 21:57
Maybe a numpty question... but, if you're married is one required assuming you don't intend the money going anywhere else.

Depends whether you have children or not, and the size of the estate.

< £125k - all to spouse / civil partner

> £125k - £125k to partner / spouse, plus personal possessions, plus half of the estate > £125k in a life interest trust to be passed to the Deceased’s children upon the death of the spouse. Children get half of the net residue in trust or in cash if over 18.

If you have no children, but have a surviving parent, brother or sister then the rules change yet again.

Linky (http://www.findersuk.com/downloads/intestate_succession.pdf).

TheFaQQer
15th July 2010, 22:01
So, no will, means to your 'civil partner' right? Where your civil partner is your 'in house squeeze' or kids mum/dad?? Right??? :confused:

No. Civil partner is someone you have had a civil partnership ceremony with. Not your "common law" wife / husband. Not the other parent to your children.

For the price it costs to get a will, assuming that your affairs are pretty straight forward, it's a no-brainer really. My first will, I wrote myself - left everything to my parents, since I was young, unmarried but had a flat.

I leave everything to my wife. If she dies before me, or within 28 days of me, then everything is split between my children. After that, it gets split between by sister, brother, sister-in-law and nephew equally.

MarillionFan
15th July 2010, 22:03
Depends whether you have children or not, and the size of the estate.

< £125k - all to spouse / civil partner

> £125k - £125k to partner / spouse, plus personal possessions, plus half of the estate > £125k in a life interest trust to be passed to the Deceased’s children upon the death of the spouse. Children get half of the net residue in trust or in cash if over 18.

If you have no children, but have a surviving parent, brother or sister then the rules change yet again.

Linky (http://www.findersuk.com/downloads/intestate_succession.pdf).

You've obviously got a handle on this Faq, so cheers.

So lets say two examples. (1 partner 2 kids in both examples)

1) A joint house worth 250K (so the dead partners part is 125K, the surviving is 125K) so therefore the other 125K goes to the surviving partner by default? Right?

2) Example 2. A joint house worth 250K, with the dead partner with say 125K worth of cash/assets. So 125K to the partner and then 62.5K each split inheritence free each kid???????????

I really have to admit I do not have a clue.:frown

Pondlife
15th July 2010, 22:06
I really have to admit I do not have a clue.:frown

So phone a local solicitor and say "this is my situation, how much for a will?"


£75 - £200 quid later you have complete peace of mind.


Or you could marry her. ;)

MarillionFan
15th July 2010, 22:09
So phone a local solicitor and say "this is my situation, how much for a will?"


£75 - £200 quid later you have complete peace of mind.


Or you could marry her. ;)

Listen Tony!. If you're going to come on to a contracting site and pretend to be a contractor so I'll marry your daughter you've got another thing coming. For a start, where the hell are the camels you promised me, your daughter drinks more wine than Amy Winehouse and no wonder you couldn't wait to get rid of her, have you seen her credit card bill.

I've got your number son!!! :tantrum::wink

Pondlife
15th July 2010, 22:12
Listen Tony!. If you're going to come on to a contracting site and pretend to be a contractor so I'll marry your daughter you've got another thing coming. For a start, where the hell are the camels you promised me, your daughter drinks more wine than Amy Winehouse and no wonder you couldn't wait to get rid of her, have you seen her credit card bill.

I've got your number son!!! :tantrum::wink

I've said I'd pay for it. I just refuse to pay for a themed wedding.

Vegas is NOT a church! and you are not fecking Elvis!

TheFaQQer
15th July 2010, 22:12
You've obviously got a handle on this Faq, so cheers.

So lets say two examples. (1 partner 2 kids in both examples)

1) A joint house worth 250K (so the dead partners part is 125K, the surviving is 125K) so therefore the other 125K goes to the surviving partner by default? Right?

Assuming that the partner is either a spouse or civil partner. If you have 2 kids and the estate of the deceased is £125k (half the house, nothing else) - everything goes to the partner.


2) Example 2. A joint house worth 250K, with the dead partner with say 125K worth of cash/assets. So 125K to the partner and then 62.5K each split inheritence free each kid???????????

So, dead person leaves an estate of £250k. £125k goes to the partner. £62.5k is then placed in trust for the partner (half of what is left), £62.5k split equally between the children. When the second partner dies, that £62.5k trust is then split equally to the children.

So, widow gets £125k now, plus income from the trust while they are alive. Kids get £31,250 each now. When the surviving parent dies, they get the trust split between them (so another £31,250) from the first estate. Plus anything they might get from the second parent's estate.

Zippy
15th July 2010, 22:13
Sounds like you're planning to 'dispose' of your partner, MF....... :eek:

Nah. He'd need to put her under the patio and he's too cheap to pay for one.

Seriously MF - if you want the missus to get something in the event of your untimely demise (and remember the summer bash is only a few weeks away) you need to make a will.

MarillionFan
15th July 2010, 22:16
Nah. He'd need to put her under the patio and he's too cheap to pay for one.

Seriously MF - if you want the missus to get something in the event of your untimely demise (and remember the summer bash is only a few weeks away) you need to make a will.

Patio. I'm not made of money you know!

I'm planning to take out a whole load of contractors at the Summer bash! I've been recording my conversations for six months and I know you bastards are out to get me..........

OwlHoot
15th July 2010, 22:17
Not married. So I believe it goes to Dave. Not sure if this is right though. I have no experience in this whatsoever.

There's a whole list of relatives to work through, including siblings and even parents.

It goes to the Crown only as a last resort.

MarillionFan
15th July 2010, 22:25
So Faq. If you are not married. Ie. Lived together for ten years. What's the rules then? You are neither a spouse or civil partner. So what's the default?

TimberWolf
15th July 2010, 22:28
Can't you take it with you?

e.g.

I, A Contractor, declare this is my last will and testament.

I revoke all prior wills and codicils, whatever they are and to cut a long story short, I want my cash to be buried/burnt* (delete as applicable) with me and my house burnt to the ground and the grounds buried too. I want it all.

Amen. HTH.

A Contractor

TheFaQQer
15th July 2010, 22:31
So Faq. If you are not married. Ie. Lived together for ten years. What's the rules then? You are neither a spouse or civil partner. So what's the default?

It all goes to the children (split equally), nothing to the person you lived with. They are essentially common-law partners, which are ignored in the laws of intestacy.

If you aren't married or in a civil partnership, and you want to leave something to someone that you lived with, then you must have a will.

Zippy
15th July 2010, 22:33
Can't you take it with you?

e.g.

I, A Contractor, declare this is my last will and testament.

I revoke all prior wills and codicils, whatever they are and to cut a long story short, I want my cash to be buried/burnt* (delete as applicable) with me and my house burnt to the ground and the grounds buried too. I want it all.

Amen. HTH.

A Contractor

Ah the KLF send off. Like your style :music:

Just imagine your relatives faces - especially if you've got a few qud. :smile

MarillionFan
15th July 2010, 22:53
Can't you take it with you?

e.g.

I, A Contractor, declare this is my last will and testament.

I revoke all prior wills and codicils, whatever they are and to cut a long story short, I want my cash to be buried/burnt* (delete as applicable)

A Contractor

Am I allowed to sub in a replacement?

TimberWolf
15th July 2010, 22:58
Am I allowed to sub in a replacement?

Nope, the only way out nature offers is that you make your replacement as much in your image as you can manage.

d000hg
15th July 2010, 23:07
I sat through a 15min explanation of how things work without a will, all the way down to it going to the Crown, and was left firmly under the impression I don't need one. The one thing I checked was my Ltd counts as part of my 'belongings' and will thus go to the wife along with everything else.

If you're divorced or in a non-married relationship or want money going elsewhere then get one drawn up.

HairyArsedBloke
15th July 2010, 23:09
Ah the KLF send off. Like your style :music:

Just imagine your relatives faces - especially if you've got a few qud. :smile

Mu Mu :music:

SueEllen
15th July 2010, 23:35
I sat through a 15min explanation of how things work without a will, all the way down to it going to the Crown, and was left firmly under the impression I don't need one. The one thing I checked was my Ltd counts as part of my 'belongings' and will thus go to the wife along with everything else.


WRONG You still need one

If you have children who are under 18 or over but disabled, then half the estate goes to them. This means your wife has to go to court to request money from the estate to raise them. Making the solicitors rich and your wife and children poorer.

If you don't your parents and siblings then the rest of your relations if they are deceased, are entitled to the other half of your estate above 125K limit.

TheFaQQer
16th July 2010, 06:45
I sat through a 15min explanation of how things work without a will, all the way down to it going to the Crown, and was left firmly under the impression I don't need one. The one thing I checked was my Ltd counts as part of my 'belongings' and will thus go to the wife along with everything else.

Only if your estate is under £200k and you have no other relatives. If it isn't, then it doesn't all go to your wife.

TheFaQQer
16th July 2010, 06:47
WRONG You still need one

If you have children who are under 18 or over but disabled, then half the estate goes to them. This means your wife has to go to court to request money from the estate to raise them. Making the solicitors rich and your wife and children poorer.

First £125k always goes to the partner. Rest is split in trust.


If you don't your parents and siblings then the rest of your relations if they are deceased, are entitled to the other half of your estate above 125K limit.

£200k if you have no children, not £125k

Halo Jones
16th July 2010, 07:10
On this subject can any one recomend a good firm for making a will, I have to talk to my mum about it next week & it would be good to get it all tied up, looking for a firm with offices in the Carmarthen area

DS23
16th July 2010, 07:50
if you don't have a will - get one.

Moscow Mule
16th July 2010, 09:13
Just to complicate matters further,

If your house is owned by both of you as joint tenants, you both own 100% of the house. If one of you karks it the other gets the entire house.

If you split up and sell, you don't get 200% of the price you get for the house :P

alreadypacked
16th July 2010, 09:27
Just to complicate matters further,

If your house is owned by both of you as joint tenants, you both own 100% of the house. If one of you karks it the other gets the entire house.

If you split up and sell, you don't get 200% of the price you get for the house :P

I think joint tenants is a good idea as the house is not part of your estate as far as allowances and tax is concerned. It works for those of you who are not married to current partners but have B!+*# ex's.

norrahe
16th July 2010, 10:02
I think joint tenants is a good idea as the house is not part of your estate as far as allowances and tax is concerned. It works for those of you who are not married to current partners but have B!+*# ex's.

It's also a lot easier tbh, though I should make a will as I really don't want any of my family getting my dosh.

I'll just leave it to the NorPusses and £5 to Mr N :D

Gonzo
16th July 2010, 12:00
FaQQer mentioned the word but I can't see that anyone has explained the concept that if you die without having made a will then you die intestate.

There is a whole series of rules about how your stuff will be divided up if you die intestate and those rules will not be what you are expecting.

For example, if one of your parents dies owning their own home you might expect that the surviving parent would automatically get the house. You would be wrong. That can be fixed if it happens but that just generates unnecessary fee-earning work for solicitors.

Gonzo
16th July 2010, 12:02
On this subject can any one recomend a good firm for making a will, I have to talk to my mum about it next week & it would be good to get it all tied up, looking for a firm with offices in the Carmarthen areaAny Solicitor will be able to do this, it is bread and butter stuff for them.

SupremeSpod
16th July 2010, 12:04
FaQQer mentioned the word but I can't see that anyone has explained the concept that if you die without having made a will then you die intestate.

There is a whole series of rules about how your stuff will be divided up if you die intestate and those rules will not be what you are expecting.

For example, if one of your parents dies owning their own home you might expect that the surviving parent would automatically get the house. You would be wrong. That can be fixed if it happens but that just generates unnecessary fee-earning work for solicitors.

I always thought that my Dad was organised - until he died.

My advice to anyone is "Make a will".

That said it's on my list of things to do. :tumble:

MarillionFan
16th July 2010, 12:42
I always thought that my Dad was organised - until he died.

My advice to anyone is "Make a will".

That said it's on my list of things to do. :tumble:

It can happen suddenly. My friends wife got sick on Thursday and was dead on Tuesday!

SupremeSpod
16th July 2010, 12:45
It can happen suddenly. My friends wife got sick on Thursday and was dead on Tuesday!

Yep. Into hospital on 24th December. Dead on the 28th. However you shouldn't wait until you're ill to make your will.

TheFaQQer
16th July 2010, 13:09
Yep. Into hospital on 24th December. Dead on the 28th. However you shouldn't wait until you're ill to make your will.

My grandmother rewrote her will shortly before she died. But never got to sign it, as she went into a coma just after the solicitor had drawn it up.

If it's straightforward, just write one yourself. You can buy sample kits from WH Smiths, and occasionally, there is a free will thingy on MSE.

If you are looking to help an older relative write a will, then Help The Aged offer a service, I think.

Friend of mine kept saying he didn't need a will because he was muslim, and it would be divided according to Sharia law because he was. I eventually gave up trying to explain that that was not the case.

d000hg
16th July 2010, 17:16
WRONG You still need one

If you have children who are under 18 or over but disabled, then half the estate goes to them. This means your wife has to go to court to request money from the estate to raise them. Making the solicitors rich and your wife and children poorer..That's not what the qualified legal bod told me (might be wrong of course but there was even a chart ;)). Like I said though, we have no kids.

And it seems it's up to £450k now.

http://www.hmcourts-service.gov.uk/infoabout/civil/probate/why_will.htm#chart
For dates of death after 1 February 2009

1.where the net estate is not more than £450,000 – everything to spouse/civil partner

2. where the net estate is over £450,000 – the first £450,000 plus personal possessions plus half of the balance over and above £450,000.The other half of the balance over and above £450,000 to the deceased’s parents equally; but if no parents then to brothers and sisters of the whole blood and to any children or other issue of brothers and sisters of the whole blood who have predeceased the deceased in equal shares.

IR35 Avoider
17th July 2010, 12:32
Depends whether you have children or not, and the size of the estate.

< £125k - all to spouse / civil partner

> £125k - £125k to partner / spouse, plus personal possessions, plus half of the estate > £125k in a life interest trust to be passed to the Deceased’s children upon the death of the spouse. Children get half of the net residue in trust or in cash if over 18.

If you have no children, but have a surviving parent, brother or sister then the rules change yet again.

Linky (http://www.findersuk.com/downloads/intestate_succession.pdf).

I think the figure is £250K, not £125K.

Intestacy rules guide (http://www.youngandpearce.co.uk/intestrules.htm)

Who can inherit if there is no will (http://www.adviceguide.org.uk/index/your_family/family/who_can_inherit_if_there_is_no_will___the_rules_of _intestacy.htm)

TheFaQQer
17th July 2010, 14:02
I think the figure is £250K, not £125K.

Intestacy rules guide (http://www.youngandpearce.co.uk/intestrules.htm)

Who can inherit if there is no will (http://www.adviceguide.org.uk/index/your_family/family/who_can_inherit_if_there_is_no_will___the_rules_of _intestacy.htm)

Yes - the rules changed in February 2009, which is before I made my will and the site I looked at obviously hasn't been updated.