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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I need advice about writing a will and my husband.

Resolved Question:

I need advice about writing a will for myself and my husband. We have been married for 25years I am 57 and my husband is 69. We have no children together. My husband was widowed prior to our marriage. He has a daughter with his first wife, and his first wife had an illegitimate baby when he met her, and my husband adopted the child.
We have never been a family, his daughter left home when her mother died, and the adopted son was by then already married. They are now both in their 40's and we don't know anything about them at all, last seen them at my husbands mothers funeral approx 15 yrs ago, when we made contact through a family friend to inform them of their grandmas death.
Although we have no children of our own, we have devoted the past 20+ yrs to caring for my husbands brother who us mentally handicapped, and he still lives with us.
My husband and I do not want his children to benefit from our wills.
They have never been kind to us, we tried to help them in numerous ways when we first met, but after nasty and dirty tricks played on us by them, we moved away.
One example was they asked us to babysit one night, and while we were doing this for them, they were ransacking my husbands home,and taking anything they wanted.
My husband was diagnosed with Parkinson's disease 4 yrs ago, and I now care for him, and his brother of course, we have close family who have helped us through these difficult times, and we want them to benefit from our wills, as we wouldn't know what we would have done without them.
My husbands adopted son, contacted me through Facebook about 18months ago?????? Asking me what was going on with us, he never mentioned my husband at all, and said Clive (my poorly brother in law) is he still around???
I never answered him, because I am frightened of him, and always have been, he has turned on me more than once. Where do we stand excluding them both from our wills?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi, Thanks for your enquiry. Unless adult children are financially dependent on their parent, it is very very rare that they would be entitled to make a claim against the parent's Estate if no provision has been made for them in their parent's Will. From what you have told me, neither of your Husband's children would stand any chance of making a claim, if your Husband left them nothing in his Will. To cover your Husband's back, the Solicitor who prepares your Wills can prepare a further statement for you both t sign explaining exactly why nothing has been left to the 2 children. Your Solicitor will also be able to advise you as to the best way of leaving your joint Estates to your Husband's brother and the other family members (as your brother in law is mentally handicapped, it will be necessary for a trust to be set up for him, as any direct legacy to him may affect his entitlement to any means tested benefits he is receiving). I hope this assists and sets out the legal position. Kind Regards Al
Customer: replied 1 year ago.
Thanks for that. I am just about to go abroad, and obviously won't have time to do this till I return. My brother in law is in respite at present. I have left instructions with my sister to where he is, and she would see to it that social services step in and make the necessary arrangements for him. Due to my brother in laws mental age of a 5 year old he cannot take care of any financial matters he is in need of 24/7 care, therefore he would not benefit in our wills as the authorities will take care of him.
We are leaving our 2 wills where my sister can find them, while we go abroad. This is our first holiday in 15ys due to family commitments of caring.
The 2 wills are just me leaving all to my husband, and my husband to me, they are signed and witnessed.
I was told yesterday that they are not worth the paper there written on???
I want to leave an additional note with our wills to state our wishes if anything happens to us both while abroad, are we wasting our time doing this? If we have not appointed a solicitor?
Or would it be better that we explain why our wishes are to leave my husbands 2 children and a granddaughter we have never seen NOTHING at all because if the grief they have caused us?
Is it worse not to mention them at all? Or is it best that we do mention them?
They do not know where we are,and vice versa, so who would tell them if we passed on?
Expert:  Aston Lawyer replied 1 year ago.
Hi, Have you just written your Wills in the last 24 hours or so? Do you know if they have been properly executed (ie signed by you in the presence of 2 other people, who both signed their name, printed their name and address in your presence?) Al
Customer: replied 1 year ago.
Hi yes, we have a will form each which just states i leave all of the estate to my husband and my husbands will form says his to me. We have had them both witnessed and signed, by 2 people the Vetenery Surgeon and his fiancee next door. These 2 forms dont mention anything about what would happen if we should both pass. I wanted to add a note to this effect and get them to sign that as well?
Expert:  Aston Lawyer replied 1 year ago.
Hi, Thanks for your reply. Well, your Wills appear to be perfectly valid, but as I think you know, they don't address your problem, in that if your Husband were to die second, as his Will does not specify who should get his Estate, it would pass equally between his child and adopted child, under the strict Rules of Intestacy The circumstances of his relationship with his children would make no difference in this scenario, and the 2 of them would legally be entitled to his Estate. I'm afraid you can't just add an extra clause in the Will- it would not be valid. You and more importantly your Husband either need to execute a brand new Will or prepare and execute a Codicil (which is an additional document which refers to your Will and which needs to be executed in the same fashion as a Will (ie signed in front of 2 people who then act as witnesses). I hope this clarifies the legal position. Kind Regards Al
Customer: replied 1 year ago.
Thank you, ***** ***** like we will need to make further arrangements when we return??? unless we scrap are individual wills, and re do the will to include our wishes. Hopefully it will be ok to do this when we return? could I ask you when we return do we just take our existing 2 wills to a solicitor, and they will sort it out from there? regards ***** *****
Expert:  Aston Lawyer replied 1 year ago.
Hi Geri, there is no point destroying your existing Wills at this stage. Unless you can get a new Will or Codicil drawn up before you go off on holiday, you will just need to make an appointment with a local Wills Solicitor upon your return and he will advise you and get it sorted out. Enjoy your holiday! If I have assisted, I would be grateful if you could rate my answer, so I may be credited for my time. Best Wishes Al
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