Reply to: Who has a will?

[TheFaQQer]

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

Intestacy rules guide

Who can inherit if there is no will

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.

[IR35 Avoider]

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.

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

Intestacy rules guide

Who can inherit if there is no will

[d000hg]

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/i...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.

[TheFaQQer]

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.

[SupremeSpod]

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.

[MarillionFan]

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.

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

[SupremeSpod]

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.

[Gonzo]

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

Any Solicitor will be able to do this, it is bread and butter stuff for them.

[Gonzo]

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.

[norrahe]

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

[alreadypacked]

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.

[Moscow Mule]

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

[DS23]

if you don't have a will - get one.

[Halo Jones]

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

[TheFaQQer]

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