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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1439
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Please help me. I currently have a Will

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Please help me. I currently have a Will. This Will is very unfavourable to one of my (two) adult children. So I am drafting another, but it is taking quite some time as it is very complex.
My question is: should I destroy my Will in case I die before the new one is legalised?
Is it better for me to die intestate, than with a "wrong Will" in place?
Please please help....
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are you married?
- how many children do you have?
- is your current will registered?
Kind Regards
Customer: replied 2 years ago.
I am not married, but live with my partner.
I have two children.
Yes it is. However I am a drafting a new one at the moment, but it will take some time.
Customer: replied 2 years ago.
Caroline, I am worried that I have "set up an account" with you. I did not want this. I wanted to pay for just one session.
Please reassure me that this is the case...
Thank you for your response.
Please may I ask if you have been living with your partner as 'man and wife' for more than 2 years?
If so - are you making provision for your partner in your will?
Kind Regards
You can contact customer service and tell them you just want one off advice
Customer: replied 2 years ago.
Thank you Caroline. Is there a phone no. for customer service?
And...... no I don't need to make provision for my partner. I live in his house (house in his name). If I die, he has his own home and generous pension. If he dies, it is in his Will, that I can stay in the property for three years, after which it will go to his children.
I just want to know if it is better for me to die intestate, than to have a Will in place which will cause friction between my children.
I don't have any administration functions but I will try and get the number for you.
I just wanted to check about your partner as if you hadn't considered the issue and not provided for him then he could make a claim under the Inheritance Provisions for Family and Dependants Act - but this doesn't sound like it's going to be an issue given his position.
In respect of your current will - this will remain valid unless you destroy it. If you passed before your new will is created and you haven't destroyed your current will - then it will still be valid.
If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. There is a risk that if a copy subsequently reappears (or bits of the will are reassembled), it might be thought that the destruction was accidental. You must destroy the will yourself or it must be destroyed in your presence. You must also contact the registration company and tell them you have revoked the will.
If you passed prior to completing your new will and after having destroyed your current will - you would be considered as dying intestate and your estate will be split equally between your children.
It is a question for you which is better - your current will or dying intestate and your estate being split equally between your children.
Kind Regards
Positive feedback is gratefully received.
Customer: replied 2 years ago.
thank you Caroline. That was most helpful.
Do you have the Customer Service number? I will wait awhile to give you time to get it...... say 15 minutes?
Thank you very much.
Your very welcome.
Did you manage to speak to customer service? Not sure if you got my message with the number? It's 0***-***-****
Kind Regards
Please kindly remember to rate positively
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