Questions When Making a Will Online
I have a daughter with an ex and if I was to die I do not want him to have any say in her upbringing as he has had very little to do with her. I would like my mother to have guardianship. Do I need to write this somewhere when making a will?
By law the Ex has parental rights, but the best thing to do is to make a Will and appoint guardians (one being your mother) and perhaps also make a statement in the Will over your wishes. We suggest making this statement in free text box at the end and saying something along the lines of: ’It is my wish that my mother and sister act as guardians for my daughter until she is 18 even though her father may survive me. The reason is that I have been the main carer and he has had little contact, also my mother knows my daughter very well and will provide stability and love until she attains adulthood which might not otherwise be the case’.
Can the two executors of the will also sign as witnesses of the will even though it would be their daughter that recieves the full beneficiary of the will.
Yes, the Executors can witness as they are not going to benefit under the Will - just their daughter.
My wife and I married this year (2012), but she still uses her maiden name for business purposes. She has also not updated her name on her bank accounts, mortgage, credit cards, insurance, driving licence, etc. Should I refer to my new spouse as beneficiary by her still-used maiden name or her new but unused married name?
In law it does not matter which name you use in a Will as they are 'the same person'. Therefore either name would 'work'. Having said that, to avoid extra administrative burden, we would suggets using the new married name. If your wife died with assets in her 'maiden name', then producing a certified copy of the marriage certificate will allow access to those assets [plus the Will], and as you are intending to switch assets to the married name, it is also sensible to use the married name in the Will.
I am separated from my husband but not yet divorced, I plan to be divorced in the future. How can I ensure he does not benefit from my will?
Until you are divorced [Decree Absolute] your Husband may have a claim against your estate if you die, even if your Will does not mention him. To help protect your property, you should sign a new Will excluding your husband and it will help to make a statement in the Will to say that you are separated and intending to divorce and that is the reason he is excluded.
I want my whole estate to go to my son including all furniture, garage contents, car and monies. When making my will, should all these be itemised as there is no mention of putting his name or itemising on the form?
It is not normal to list all assets and property when making Willa as this is always a fluid situation e.g. moving house, selling items, winning lottery, etc. We therefore just talk about the Testators property owned at their death. Also we do not specifically name children, but just refer to them as child(ren). This is legally safer in case there are further children.
I wish to make an online Will but need to clarify one point first. I am divorced but (unsually) I wish to make my ex-wife the main beneficiary of my Will and make her the Executor. I am aware that any Wills made before my Decree Absolute are not valid in respect of her inheritance but am I allowed to make her my main beneficiary in a new Will?
There is no problem with making an ex wife an Executor and beneficiary (once the decree absolute has been granted) in a new Will.
My wife and I are about to make mirror Wills. With regards to appointing executors: 1. Is it allowable to appoint a relative permanently living in another country? 2. I presume anyone appointed as an executor could, if they so wished, appoint a solicitor to administer the estate at a cost to them?
There is no legal problem appointing an Executor who lives permanently outside the UK. The Executor can carry out their duties as normal (sign probate papers, etc) and even appoint an Attorney in the UK if that is easier. With electronic communication distance of Executors is not the concern it once was. A solicitor in the UK would carry out most of the work, if they were employed, rather than the Executors doing it themselves.
I am currently living in Malaysia but have assets in the UK and I would like to write a will to cover these UK assets. Can I use your service? And can I use Malaysian witnesses?
Yes you can use our service to write a UK Will. The Will automatically covers all worldwide property, which could include assets in Malaysia. By international convention the Will is recognised in other countries. The witnesses can be Malaysian, but they should know you are signing a Will and they must be over 18, etc. Their addresses and names should be understandable to an English reader.
I currently support a charity each month by a Direct Debit. Can I have this kept going after I die?
You cannot continue with a monthly payment after your death. The estate needs to be distributed out to your beneficiaries. The only way to avoid this is to create a Trust, but that is an expensive exercise with annual costs. You will therefore have to make a single Money Gift to the charity and this should reflect the fact it is not monthly payments for a number of years.
I am completing the online will questionnaire, but there is no marital status that covers living with a partner (but not married).
Please state that you are 'single'. This might seem strange, but technically / legally you are not married and the alternative is Single, even though you have a partner. The term 'Civil Partnership' only applies to same sex couple who have entered a civil ceremony in UK.