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Post by bodger on Jun 9, 2018 7:33:29 GMT
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Post by bodger on Jun 9, 2018 7:34:46 GMT
We've done our wills twice.1st time was when we said we'd both been married before & wouldn't go there again.Fast forward 7 years to 1997 & we got married💗.We've changed bits n'bobs over the years but most things remain the same. I did our wills once, but he said he didn’t like it. norty
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Deleted
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Post by Deleted on Jun 9, 2018 8:23:46 GMT
The executors are my brothers (I may be stupid but I'm not that stupid ). My problem with the draft was that it assumed I knew what I was signing whilst making no reference to what I wanted in plain speak. Something I really abhor and would expect a reputable firm of solicitors to be able to challenge.
Basically I don't care what happens to anything that is left over after I die as long as it doesn't cause arguments. If my brothers pre decease me and the money goes to the government then I can live (or die) with that.
I would suggest, (back to your brothers being of a similar age to you) that you appoint a replacement, younger, executor as well. Didn't your solicitor mention any of these things? Also have you done Lasting Powers of Attorney? <iframe style="position: absolute; width: 27.28px; height: 7.26px; z-index: -9999; border-style: none; left: 15px; top: -6px;" id="MoatPxIOPT1_42788958" scrolling="no" width="27.279999999999973" height="7.259999999999991"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.26px; z-index: -9999; border-style: none; left: 1283px; top: -6px;" id="MoatPxIOPT1_1216166" scrolling="no" width="27.279999999999973" height="7.259999999999991"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.26px; z-index: -9999; border-style: none; left: 15px; top: 301px;" id="MoatPxIOPT1_56929160" scrolling="no" width="27.279999999999973" height="7.259999999999991"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.26px; z-index: -9999; border-style: none; left: 1283px; top: 301px;" id="MoatPxIOPT1_35554381" scrolling="no" width="27.279999999999973" height="7.259999999999991"></iframe> If my brothers are dead then I don't care what happens so as far as I'm aware there is no need to consider appointing a younger executor. Solicitor did not mention this though.
Not doing Lasting Powers of Attorney - I'd rather the courts decide this (personal reasons which will remain unsaid, therefore not up for debate under any circumstances).
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Post by dyertribe on Jun 9, 2018 8:45:56 GMT
Fairy Nuff! Your brother’s kids can apply for Letters of administration if your brothers have predeceased.
Re LPAs, in the event of you losing capacity, the Local Authority or your brothers would apply for a deputyship order to deal with your finances and regarding health and welfare doctors and social workers would make the health decisions.
Understand you don’t want to discuss it, just explaining the process.
You don’t need family involved in LPAs
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Post by Deleted on Jun 9, 2018 8:50:48 GMT
Thanks, that is what I thought would happen and suits me fine.
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Post by Trina on Jun 9, 2018 13:04:29 GMT
We've done our wills twice.1st time was when we said we'd both been married before & wouldn't go there again.Fast forward 7 years to 1997 & we got married💗.We've changed bits n'bobs over the years but most things remain the same. Just checking, you’ve made wills since you got married again, right? I thought my post implied that we both made new(second)wills when we got married,so the answer's yes.😊We're actually quite sensible...sometimes.
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Post by dyertribe on Jun 9, 2018 13:48:02 GMT
Just checking, you’ve made wills since you got married again, right? I thought my post implied that we both made new(second)wills when we got married,so the answer's yes.😊We're actually quite sensible...sometimes. Just checking, had a couple in the office a few weeks ago to write LPAs cheerfully telling us that they had made wills in favour of each other 10 years ago. In the next breath they told us they married ....5 years ago so their wills were null and void! Thats why I asked, better safe than sorry.
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Post by IainS on Jun 10, 2018 19:55:19 GMT
Two brothers both get equal shares, if one dies then the other gets it all - ignore their children. And there you have it. Because you are effectively excluding the children then Section 33 has to be excluded or the law would presume that they were to inherit. Without it the children could go to court and challenge the will, with most of your estate being salted into the pockets of solicitors to fight it! So no need to have a go at the solicitor for including the phrase, just for not explaining it! If I were writing your will I would be unhappy that you were not giving instructions for the possibility of your brothers predeceasing you which, as you are all going to be of a similar age (give or take). Even if the “backstop” is “charities”. Who have you chosen as your executors? Pleeeese dont tell me it’s the solicitors! Does it apply to other beneficiaries, who are not part of the family?
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Post by dyertribe on Jun 10, 2018 19:57:21 GMT
And there you have it. Because you are effectively excluding the children then Section 33 has to be excluded or the law would presume that they were to inherit. Without it the children could go to court and challenge the will, with most of your estate being salted into the pockets of solicitors to fight it! So no need to have a go at the solicitor for including the phrase, just for not explaining it! If I were writing your will I would be unhappy that you were not giving instructions for the possibility of your brothers predeceasing you which, as you are all going to be of a similar age (give or take). Even if the “backstop” is “charities”. Who have you chosen as your executors? Pleeeese dont tell me it’s the solicitors! Does it apply to other beneficiaries, who are not part of the family? No.
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