Need some advice here...

bucz

bucz

Suspended / Banned
Messages
404
Name
Shem
Edit My Images
No
Me and my mrs were thinking recently what would happen to our kids if we die suddenly. All our family are in Poland. Would that mean that they would be taken by the child care? I was wondering if I could make a piece of paper i.e. with details of my parents, god fathers etc saying that we would like our children to be sent to them. If that is possible where to go with that issue, how to get this approved and make it lawfully? Thanks for the info...
 
you need a will, a solicitor would be able to create this for you.

Its worth doing it for the sake of your kids, to ensure they go to who you want them to go to in the event of your deaths, plus any assets you have etc etc
 
Agree with the above about a will. You may also want to think about converting any assets into cash and putting it in trust until your kids become adult.

Dave
 
bucz said:
cheers guys for the advice... will can be a bit expensive at the moment... but if it's the only way then be it... is this the only way to make sure they go where they suppose to go?
Click to expand...

Yes.
Absolitely the only way.
 
bucz said:
cheers guys for the advice... will can be a bit expensive at the moment... but if it's the only way then be it... is this the only way to make sure they go where they suppose to go?
Click to expand...

Yes, it is important to get it right, and the way is to do that is with a will done properly with advice from a solicitor experienced in this type of case as it is complex.

It is not worth skimping on your childrens future as I am sure you realise.

edit Ha! Must type faster!
 
just found some info ...

Is it necessary to use a solicitor
There is no need for a will to be drawn up or witnessed by a solicitor. If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward.

It is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. This is because it is easy to make mistakes and, if there are errors in the will, this can cause problems after your death. Sorting out misunderstandings and disputes after your death may result in considerable legal costs, which will reduce the amount of money in the estate.

You should remember that a solicitor will charge for their services in drawing up or checking a will. They should give you the best possible information about the cost of their services. They should give you this at the beginning of their work with you.

Some common mistakes in making a will are:-

  • not being aware of the formal requirements needed to make a will legally valid
  • failing to take account of all the money and property available
  • failing to take account of the possibility that a beneficiary may die before the person making the will
  • changing the will. If these alterations are not signed and witnessed, they are invalid
  • being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will
  • being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the will could be overturned.
 
bucz said:
just found some info ...

Is it necessary to use a solicitor
There is no need for a will to be drawn up or witnessed by a solicitor. If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward.

It is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. This is because it is easy to make mistakes and, if there are errors in the will, this can cause problems after your death. Sorting out misunderstandings and disputes after your death may result in considerable legal costs, which will reduce the amount of money in the estate.

You should remember that a solicitor will charge for their services in drawing up or checking a will. They should give you the best possible information about the cost of their services. They should give you this at the beginning of their work with you.

Some common mistakes in making a will are:-

  • not being aware of the formal requirements needed to make a will legally valid
  • failing to take account of all the money and property available
  • failing to take account of the possibility that a beneficiary may die before the person making the will
  • changing the will. If these alterations are not signed and witnessed, they are invalid
  • being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will
  • being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the will could be overturned.
Click to expand...

The important sentance here is the one I have put in bold.

Yours is NOT a straightforward will.

PLEASE use a solicitor who could save an awful lot of grief.
 
Forget well meaning advice.
When it comes to your wishes for the future of your children. ...GET IT WRITTEN DOWN, SIGNED AND OFFICIALLY RECORDED.
 
You can save a lot of time (and time is money to solicitors!) by knowing exactly what you want to happen and have notes written out when you go to see them. Some solicitors will do an initial half hour for free and should be able to give you an idea about costs.

Citizens advice may not be much help to you as they do not deal with specifics only general information.

Hope this helps!
 
Tigger.ufo said:
You can save a lot of time (and time is money to solicitors!) by knowing exactly what you want to happen and have notes written out when you go to see them. Some solicitors will do an initial half hour for free and should be able to give you an idea about costs.

Citizens advice may not be much help to you as they do not deal with specifics only general information.

Hope this helps!
Click to expand...

Helps a lot mate... Will google some solicitors tomorrow... or maybe anyone here know someone fairly cheap in Glasgow?

Edit. Just noticed you are a woman. Can I call a woman mate? :)
 
Last edited:
bucz said:
Helps a lot mate... Will google some solicitors tomorrow... or maybe anyone here know someone fairly cheap in Glasgow?

Edit. Just noticed you are a woman. Can I call a woman mate? :)
Click to expand...


All my mates do! ;)
 
Tigger.ufo said:
You can save a lot of time (and time is money to solicitors!) by knowing exactly what you want to happen and have notes written out when you go to see them.
Click to expand...
This. Solicitors can help make your will legally effective, but you still have to work out what you actually want to happen. A lot of people overlook that and expect solicitors to do it all for them!

Plus, since you're married, it's more complex. Your wills are about what happens when you individually die, but you need to make sure the provisions in both wills will still work in the intended way if you and your wife die together. It's usual to have a "survivorship" clause to cover this.
 
Last edited:
One of the really good things about solicitors, and the legal profession in general, is not so much in being able to tell you what you can do in any given circumstance, but in being able to look at what you want to do and tell you the legal impacts and potential pitfalls of your desired action.

Dave
 
I would also ensure your family are aware so there are no surprises. A person's death can result in family arguments and people suing each other or falling out. If everyone knows the score, less of an issue.
 
Can't agree more with what Omen has said. Don't give anyone, especially if you have a large family, an opportunity to disagree. I would also include the funeral arrangements in this.

I know from fairly close experience the acrimony that can result when close relatives disagree about the funeral. Far better to say, "Oi, you lot, this is what I want for my funeral, now just get on and do it."

Dave
 
Will writing costs somewhere round £100 - £200 - it's not that cheap but it's not scary money.

Lots of charities will actually help you to write one for free - they hope you'll remember them in it of course.

Some good info - http://www.moneysavingexpert.com/family/free-cheap-wills

BTW I'm not certain a will will actually do what you want - or that it's necessary for what you want. There will be a legal mechanism for making sure the children are taken care of. You can express your wishes but it may not be able to completely overrule this. Best ask an expert.
 
You must log in or register to reply here.
Back
Top