Wills (or the lack of)
Discussion
My brother and I sadly lost our mum at the age of 70 on Christmas Eve. All very sudden, appeared fit and healthy but seems her heart gave way bless her. Finding comfort in the fact that it was all very quick, no long drawn out illness etc but still not the greatest of timing.
Anyway. She and my father separated 15 years ago and split their financial assets about 12 years ago. They did not however get divorced. After a little bit of initial animosity they remained firm friends until her death. He has a lovely new partner. My mum remained single.
At the time of the financial separation mum's solicitor did draw up a will (the draft of which she signed at the time). However she never went to the solicitor to sign or have witnessed the actual will. The draft names myself and my brother as joint executors, trustees and beneficiaries and this I believe to be her wishes (she never expressed anything different to myself or my brother). My father has said he doesn't want to benefit financially from her passing however he is expressing some opinion on the division stating that he thought mum would have wanted to leave a separate legacy for my brothers daughter (one of several grandchildren) who my mum paid a large part in bringing up. My brother and I are in agreement that the split should remain equal between myself and him and be as per the unwitnessed will. With my brother ensuring the financial security of his daughter using his half.
So before I approach a solicitor next week to see what's achievable has anyone been through anything similar? Is there a way to un-complicate matters and have my father absolve himself of the responsibilities of executor and trustee which (even though the pair were separated for 15 years) he seems to have inherited due to a small lack of admin on my mum's part. I'd like my father to attend the funeral, pay his respects but in the politest of terms step away from that which he already stepped away from many years ago and really has no business being involved in. If it makes a difference the estate would be in the order of £180k.
In short, make a will people.
Thanks in advance.
Anyway. She and my father separated 15 years ago and split their financial assets about 12 years ago. They did not however get divorced. After a little bit of initial animosity they remained firm friends until her death. He has a lovely new partner. My mum remained single.
At the time of the financial separation mum's solicitor did draw up a will (the draft of which she signed at the time). However she never went to the solicitor to sign or have witnessed the actual will. The draft names myself and my brother as joint executors, trustees and beneficiaries and this I believe to be her wishes (she never expressed anything different to myself or my brother). My father has said he doesn't want to benefit financially from her passing however he is expressing some opinion on the division stating that he thought mum would have wanted to leave a separate legacy for my brothers daughter (one of several grandchildren) who my mum paid a large part in bringing up. My brother and I are in agreement that the split should remain equal between myself and him and be as per the unwitnessed will. With my brother ensuring the financial security of his daughter using his half.
So before I approach a solicitor next week to see what's achievable has anyone been through anything similar? Is there a way to un-complicate matters and have my father absolve himself of the responsibilities of executor and trustee which (even though the pair were separated for 15 years) he seems to have inherited due to a small lack of admin on my mum's part. I'd like my father to attend the funeral, pay his respects but in the politest of terms step away from that which he already stepped away from many years ago and really has no business being involved in. If it makes a difference the estate would be in the order of £180k.
In short, make a will people.
Thanks in advance.
Firstly, sorry for your loss, never easy to deal with, but perhaps especially so at this time of year- my grandad died on Christmas Day some years ago so have some empathy.
The draft will: if it wasn't actually witnessed it is almost certainly irrelevant- a relative died with an incorrectly witnessed will and because my aunt (who would have benefited by it) knew and told the solicitor a it was torn up and intestate rules were applied, so inheritance was shared across all eligible branches and was a mess (had to go up a generation and then down again, not a problem you have). I don't know what effect the separated-but-not-divorced will have, but assuming one way or another your fathers 'interest ' can be set aside, logically even without a will it should be an even split between offspring, further generations or others would only get a look in with a will.
The draft will: if it wasn't actually witnessed it is almost certainly irrelevant- a relative died with an incorrectly witnessed will and because my aunt (who would have benefited by it) knew and told the solicitor a it was torn up and intestate rules were applied, so inheritance was shared across all eligible branches and was a mess (had to go up a generation and then down again, not a problem you have). I don't know what effect the separated-but-not-divorced will have, but assuming one way or another your fathers 'interest ' can be set aside, logically even without a will it should be an even split between offspring, further generations or others would only get a look in with a will.
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