Help needed, selling car owned by decesaed

[Fnaar]

I'm going to write my will on a mountain top during a thunder storm, wearing a metal suit.

 

[SD1]

t'was in reply to someone saying "always write a will or the sky will fall" rather than a response to the OP

I know I was just thinking the whole thread is going little off topic. Just a little. On the other hand, on reflection some of what's being said about wills etc are worth saying.

 

[SD1]

Exactly right. Although does relate to the OP question?

PS I excluded a daughter. You have to say why though as it may be challenged in court if you don't....according to my "will lady".

 

[Profpointy]

I'm going to write my will on a mountain top during a thunder storm, wearing a metal suit.

you'll be perfectly safe in a metal suit as it'll act as a Faraday Cage. The make chain mails suits for high voltage electricity workers for the same reason

 

[SD1]

you'll be perfectly safe in a metal suit as it'll act as a Faraday Cage. The make chain mails suits for high voltage electricity workers for the same reason

Multi purpose you can use it for chain saw safety!

 

[Flying Dodo]

I was being slightly tongue-in-cheeck, but the wording did say they weren't bound by my wishes. I believe this may be in case the deceased spitefully leaves his wife high-and-dry rather than the trustees giving all your money to themselves

I half-recall there is some tax benefit of having the trustees nominally allocate it rather than putting it into your estate, but may not be quite right on that.

From a legal point of view, in order for the death benefits arising out of any pension to be excluded from the estate of the deceased, any nomination form expressing a wish as to how the benefits should be paid out can't be binding on the Trustees (normally the insurance company for a personal pension). They will however normally go along with those wishes, unless there's some clear evidence that the money should go elsewhere, such as a more recent will stating something radically different.

However I have known a case where the Trustees decided to pass the money onto the surviving partner on grounds of her financial hardship, taking account of the fact the will left everything to someone entirely different who wasn't financially dependent on the deceased at all.

 

[Profpointy]

Absolutely - even for married couples with no kids.

I have to ask, but why do you think a will saying "all to the wife" is any different from the intestacy rule which say "all to the wife". Honestly that really is the rule.

If there are kids, perhaps grown up, and estate more than £250k (eg there's a a house) then it's more involved and intestacy rules might or might not be waht you want - but it's still pretty straightforward

 

[rich p]

Stay away from solicitors they only go to the "will person anyway".They generally deal with all legal matters related to this situation. I am constantly emailing my "wiil lady" for advise which she gives free. Although it is always to do with lasting power of attorney. I had her do my will and I am dealing with Solictors in the same firm so she may not have been so generous with her time if I wasn't.

Pardon?

 

[Profpointy]

How many wives? What happens if someone is divorced and remarried?

There's all sorts of 'frinstances'....

well yes, if it's complicated

 

[Spinney]

I have to ask, but why do you think a will saying "all to the wife" is any different from the intestacy rule which say "all to the wife". Honestly that really is the rule.

If there are kids, perhaps grown up, and estate more than £250k (eg there's a a house) then it's more involved and intestacy rules might or might not be waht you want - but it's still pretty straightforward

I think it just makes all the processes quicker - without a will, the wife may still get all but she may have more legal hoops to jump through than if there had been a will.

 

[Profpointy]

From a legal point of view, in order for the death benefits arising out of any pension to be excluded from the estate of the deceased, any nomination form expressing a wish as to how the benefits should be paid out can't be binding on the Trustees (normally the insurance company for a personal pension). They will however normally go along with those wishes, unless there's some clear evidence that the money should go elsewhere, such as a more recent will stating something radically different.

However I have known a case where the Trustees decided to pass the money onto the surviving partner on grounds of her financial hardship, taking account of the fact the will left everything to someone entirely different who wasn't financially dependent on the deceased at all.

thanks - I'd thought it was along those lines so I'd not imagined it

 

[Profpointy]

I think it just makes all the processes quicker - without a will, the wife may still get all but she may have more legal hoops to jump through than if there had been a will.

I really don't think that's the case at all

 

[Fnaar]

you'll be perfectly safe in a metal suit as it'll act as a Faraday Cage. The make chain mails suits for high voltage electricity workers for the same reason

Damn, I hate it when that happens

 

[Profpointy]

Damn, I hate it when that happens

I really couldn't reist being a smart-arse - but did see a film of the power workers' suits and it was very impressive. I bet the adreneline's going first time you try though

 

[Milkfloat]

I really don't think that's the case at all

As I stated above, without a will even the simplest of cases will result in a delay, more costs and usually the need to pay death duties and funeral costs before being able to access the money.