What is an oath for administrators?

Originally Posted by Ed

On marriage I'm afraid Mr Cakes is wrong... marriage automatically revokes a will

I've just learnt something

[timwilky]

It is also important to redo your will after divorce. My understanding is that any bequests to your former partner would be revoked. and if you left the lot to them you are effectively intestate. Even if you had wanted your former partner to benefit as if you were still married.

Ok so here's another:

What if you had no will, you had two grown up children (not at home). You had savings, a large house (paid for) and other bits and pieces.

Then you moved in your partner and sh had been there two years.

What would happen if the person without the will died?

[timwilky]

Intestate rules apply

Assuming your estate is not sufficient for the tax man to get greedy about the kids get the lot.

Your partner needs to be your legal spouse to get a cut under intestate rules. For the sake of £100 everyone should make a will, it makes thinks clear who should benefit.

In my case my father (who knew he was dying) changed his will a week before he snuffed it. He left the lot to his wife (Second wife, not my mother), in his old will she would have had half and the rest would have come to us kids. My brother was very bitter, I understood his duty was to ensure his wife had an income after his death and not his grown up kids. She has promised to do the decent thing and leave her properties from him to us. But we cannot force her.

Wills are exactly that. Anyone who has slightly complicated affairs should make one. and also ensure family know where it can be found.

Originally Posted by timwilky

It is also important to redo your will after divorce. My understanding is that any bequests to your former partner would be revoked. and if you left the lot to them you are effectively intestate. Even if you had wanted your former partner to benefit as if you were still married.

Any gift to a former spouse is of no effect. The will remains valid however. The gift will therefore fall into residue and be distributed in accordance with any residue clause. It is entirelypossible that there would be a full or partial intestacy.

Originally Posted by krhall

Ok so here's another:

What if you had no will, you had two grown up children (not at home). You had savings, a large house (paid for) and other bits and pieces.

Then you moved in your partner and sh had been there two years.

What would happen if the person without the will died?

Then there would be an intestacy, and the statutory rules apply. Good summary of them here: http://www.inheritancedisputes.co.uk/intestacy.php

What relevance does the fact that the partner has been there 2 years have? None that I can see... she has no automatic right to continue living there and unless she has contributed directly to the purchase price (unlikely) then she is at the mercy of the beneficiaries. There is NO automatic protection for partners who live with - it can be very hard, especially in a long relationship, they will often come away with nothing. Marriage makes all the difference.

Thank you all very much.

...and Jabba look I even shrunk my sig for you, a bit!

Originally Posted by timwilky

In my case my father (who knew he was dying) changed his will a week before he snuffed it. He left the lot to his wife (Second wife, not my mother), in his old will she would have had half and the rest would have come to us kids. My brother was very bitter, I understood his duty was to ensure his wife had an income after his death and not his grown up kids. She has promised to do the decent thing and leave her properties from him to us. But we cannot force her.
.

similar situation with my dad, (hes not dead) he has a partner been living with him a few years now, she owns her own house elsewhere which is rented out, he has recently remade his will to say that me an one of my brothers get everything in equal shares but we have to allow his partner to continue living in his house and we have to maintain it and cant charge rent for as long as she and her son wants to live there, only saving grace is we can do what we want with the land, otherwise it would be a liability, if he hadnt done the will we could push her out and do what we please with the place.

[embee]

Everyone - if you own anything at all, make a will. Just do it.

Some charities have arrangements with local solicitors so you can get a will for free or very little. I did mine with a local solicitor using a Cancer charity offer, cost me only a few quid in the end, they work on the basis you'll leave some dosh to the charity (which I have). Also remember that you can leave stuff to charities and avoid Inheritance tax on that if you're above the threshold, which means Gordon&Alastair don't get their greedy mitts on it. I hate Inheritance Tax, evil spiteful greed.

If you own stuff and die without a will, it can causes tremendous hassle for those you leave behind.

Spend it all, leave nothing, no problem