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Question about Will wording?

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7doughnuts

Junior Member
Hi,

I am looking for some advice regarding my partners and my own Will. We have discussed at length what we would like to do in the case of either of us dying and are clear about what we want to achieve, actually putting it in to words and making it concrete is a little different! I’ll do my best to explain, firstly a little background:

I am currently going through a divorce which should be complete reasonably soon. I have one child with my soon to be ex wife. We are separated financially. I have a pension with a death in service benefit and some savings.

I am just about to complete on the purchase of a property with my new partner who has no baggage unlike myself! She has savings and a pension with a death in service benefit.

I will explain what we want but just refer to myself as it may be easier. My partner would effectively like the same thing but rather than a child she’ll have her sister. We are also only dealing with our current situation and will readdress all of this if we were to marry or have children together. We have a deed of trust which states that life insurance is compulsory so if either of us were to die the mortgage would be paid off plus an additional sum to cover 10% equity which will become clear later!

If I die I would like my share 20% of my share of the house (10% of the property which will be covered by a life insurance policy) to go to my daughter, and the remaining 80% to pass to my new partner. If my partner then dies before marrying or having children, I would like the remaining 80% to go to my daughter. If my partner marries or has a child, I would like her to keep the money (house).

I would like the rest of my estate to go to my daughter (or be held in trust until she is 21).

Is it possible to word this so it is concrete? I trust my partner completely but her father is really in to contracts and picks holes in everything! What statement can be made to achieve what we want?

I really would appreciate any help you can give me.

Thanks in advance,
7d.
 


Zigner

Senior Member, Non-Attorney
US Law Only

But, whatever Country/State you are in, I would suggest you see an expert (ie: attorney.)
 

curb1

Senior Member
You are creating a mess that will get worse rather than better after your death. Buying a property together before you are married adds to the mess. You die before married and then your partner marries someone else will make it more of a mess. Your "estate planning" needs some serious re-evaluation.
 

7doughnuts

Junior Member
You are creating a mess that will get worse rather than better after your death. Buying a property together before you are married adds to the mess. You die before married and then your partner marries someone else will make it more of a mess. Your "estate planning" needs some serious re-evaluation.
If my partner marries someone else I would be happy that she keeps everything. The only scenario we are trying to safeguard is that if one were to die and leave everything to the other, it would then be unfair if they were to die and their respective beneficiaries receive it all. If my partner were to live long enough to enjoy, spend, holiday or gamble it all away then that is fine. If she marries or has children, I also want her to keep it and move on.

I appreciate all advice, but yours seems focused towards Christian beliefs rather than answering the question!
 

Dandy Don

Senior Member
The implication is that your situation is somewhat complex and that the wisest course of action would be to pay a probate attorney to achieve the exact and specific results you want so that there are no unexpected complications for the heirs to resolve.
 

7doughnuts

Junior Member
Where did you get THAT from? :rolleyes::rolleyes:
Who's to say that we will ever marry! Surely in a modern society buying a house with someone when you're not married is no more complicated if you have a Will?

In my experience the ONLY thing marriage has done is complicate matters!!!!!!!!!!!
 

anteater

Senior Member
Well... You can take a look through the Buying & Selling a Home and/or Other Real Estate Law Questions forums here to see the messes that unmarried couples can create when buying a house together.

Otherwise, you have received excellent advice. Find an experienced estate planning attorney and get it done right.
 

7doughnuts

Junior Member
Well... You can take a look through the Buying & Selling a Home and/or Other Real Estate Law Questions forums here to see the messes that unmarried couples can create when buying a house together.

Otherwise, you have received excellent advice. Find an experienced estate planning attorney and get it done right.
...and I'm sure I can equally look through any Divorce forum and see the messes that married couples get in to! We are trying to establish what would be fair and agreeing completely on what we both want to do. I was purely after advice regarding how and if it was possible.

Appologies to anyone who was offended by my "Christian" statement! I was surprised that a response to my question suggested that I was creating a mess by trying to set up home with my partner before getting married and assumed that this was more a religous viewpoint rather than a response to my question.

I guess I have not articulated my question well enough and I have also not understood the purpose of this forum. I was under the impression that "free advice" might be more than "go pay for it"!

Thank you to all that have taken time to respond.
 

Zigner

Senior Member, Non-Attorney
Appologies to anyone who was offended by my "Christian" statement! I was surprised that a response to my question suggested that I was creating a mess by trying to set up home with my partner before getting married and assumed that this was more a religous viewpoint rather than a response to my question.
It's NOT a matter of religion or morals. It is a matter of the LAW.

ETA:

I guess I have not articulated my question well enough and I have also not understood the purpose of this forum. I was under the impression that "free advice" might be more than "go pay for it"!
Sometimes, that is the best advice.
 

7doughnuts

Junior Member
It's NOT a matter of religion or morals. It is a matter of the LAW.

ETA:



Sometimes, that is the best advice.
I don't want to get in to a debate regarding this as I am neither an expert nor was it why I came here in the first place, but why on earth is it a matter of the LAW?

I will try not to reply unless you have a question specifically for me as although I don't know you I get the feeling you are someone who likes to have the last word on a matter......
 

Zigner

Senior Member, Non-Attorney
I don't want to get in to a debate regarding this as I am neither an expert nor was it why I came here in the first place, but why on earth is it a matter of the LAW?
Marriage provides certain legal protections that are not afforded those who are not married. That is why it's a matter of the LAW.

I will try not to reply unless you have a question specifically for me as although I don't know you I get the feeling you are someone who likes to have the last word on a matter......
You're the one asking questions here. :rolleyes:
 

nextwife

Senior Member
Here is something you are totally neglecting to consider: If you buy BEFORE your divorce, your Soon To Be EX may have a legal CLAIM on a portion of your share of the property. You are being very reckless by buying together BEFORE divorce.

The REASON one should not buy with a non spouse (unless they have an ownership contract/agreement) has nothing to do with "Christian Values" and everything to do with the reality that legal recourse is very limited between non spouses if one co-owner walks out, dies, want to be bought out, fails to contribute etc.
 

TrustUser

Senior Member
just wanted to say something about the christian statement.

"getting married" (from a christian standpoint) is something that refers to a man and woman sharing their lives together, following the teachings of jesus.

the legal aspect of marriage (which has nothing to do with christianity) is basically a contract about material possessions.
 

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