Where there's a Will.........there are potential problems

My OH is my carer ,he recieves CA (58.45pw) and IS (40 oddpw) I get DLA (hrm/hrc) and IB...

We are facing a quandry,,,,,,,,,his Dad is ,sadly,approaching the end of his days,he is a very private man and I was very surprised to find I am Executor to his Will,I have no knowledge of the contents (obviously) but I'm pretty sure it's going to cause issues for my OH financially.
Dad was left an awful lot of money in his own Mothers will,,she only passed 7 years ago @95.and there was a lot of money bequeathed (OH got £20k as did his brother) There was only Dad and his brother who resides in NZ,to divide the property,We are pretty sure he got the best part of £200k if not more,noone knows the exact amount,nor the whereabouts of jewellery and some antiques but thats another issue.
Muminlaw died last Feb,,and not even an earring has been given to the grandchildren,we know she left a Will but think it wasn't lodged with solicitor and has disappeared,noone has asked him as he started going downhill soon after (his actions on the day she died were something out of a fairytale,,unbelievable!)

So,,the quandry is,,,,,do we have to declare to DWP if my OH does inherit? I'm pretty sure we do,and I don't have a problem with it at all,I just want to know,,and obviously I can't enquire yet because nothing has been inherited,,Dad is as likely to have left his worldly goods to a dogs home as he is to have left it to his 2 sons and 3 grand daughters,,,,,,,,anyone have any idea or info??? I hasten to add I want to keep everything legal and above board,,there is no way I would want to claim anything we are no longer entitled to.

Inca
xxxx

[Hurricane Puffrose]

Re: Where there's a Will.........there are potential problems

I think you do need to declare it babe but im not sure

so



BUMP

[TUTTSI]

Re: Where there's a Will.........there are potential problems

Inca, You will have to wait and see what the will says before you start to worry, this is not the time now.

Just ensure that his last few weeks is as pain free as he could be and comfortable and know that you are doing this hun.

xxx

[enaid]

Re: Where there's a Will.........there are potential problems

As for your mum in laws will if it were a'mirror will' as in my mum and dads case, then everything would just pass to dad unless there were specifics in it.

[Inca]

Re: Where there's a Will.........there are potential problems

Ahhhhhhh a MIRROR will,,never heard of one,,but makes perfect sense,thanks enaid
Puffster,,yeah I'm 99% sure we do,altho have heard some inheritances can be disregarded for a year
Tutts,,He is being moved to hospice Tues and I'm not going to let his solicitor badger me the way he has,,keeps ringing me.And my OH and his brother have already said,wether it's in the will or not..Dad will have the best of care and we can worry about any expense after Now is the time to chill out,and make the next few days pain and worry free for him altho he's now not concious bless him.. I have secured all the payments he has to make re his house.....so Thanks again Ladies,,a problem shared ,in this case,will help me sleep a bit easier I may come across as 'tough' but I'm not

[enaid]

Re: Where there's a Will.........there are potential problems

Info on a mirror will and other joint wills, maybe ask if this is the case and if you have learned about it then it's one less hurdle later xx

Wills for Couples: Reciprocal (Mirror) Wills, Joint Wills and Mutual Wills

Although some of these terms are often used interchangeably, it’s important to note that there are distinct differences between them:

• Reciprocal Wills – Individual wills by two people (usually spouses or civil partners) where they leave everything to each other; separate legal documents with the same or nearly the same contents. (Also called Mirror Wills).
• Joint Will – A will made jointly by two persons containing reciprocal provisions; a single legal document.
• Mutual Wills– Wills made by two persons (usually spouses or civil partners). If one Testator dies before the other, the surviving Testator is bound by the arrangements of the Mutual Will and cannot change it.

Reciprocal Wills (Mirror Wills)


Reciprocal (Mirror) Wills provide for spouses or civil partners to pass their assets to one another in the event that one dies before the other and to mutually agreed upon Beneficiaries should they both die at the same time. They allow couples to give identical bequests to the main Beneficiaries, while still providing them with the freedom and flexibility to make slight changes if they desire.

Most Reciprocal Wills for couples with children include a clause to deal with a common disaster situation. The clause contains a variation of the following wording: “All of my property to my spouse, if he/she survives me by at least 30 days. Otherwise, all to the children.” The use of 30 days as the timeframe is arbitrary. However, the period should be less than six months to avoid loss of the tax-free status of the property transfer to the surviving spouse.

After the death of one of the spouses or civil partners, the surviving party is free to change his/her Will if he/she chooses to do so.

Joint Wills


A Joint Will is a single Will that two people prepare together where each one leaves all of their assets and property to the other. After one of the Testators dies, the surviving Co-Testator cannot change the Will. If the surviving Testator creates a new, separate Will, the specifics from the Joint Will may still be upheld by a court of law.

Some Joint Wills include a stipulation for how the assets will be distributed after the second person dies.

Couples can encounter several issues and difficulties when choosing to draft a Joint Will, rather than separate wills. For example: if one spouse decides they want to make a change to the Will, they will not be able to do so without the consent of the other spouse; if one spouse solely owns an asset and wants to leave it to someone other than their mutual children, this can be problematic as well. Many attorneys discourage the use of these types of Wills.

Mutual Wills


Mutual Wills are two identical but separate wills, prepared by two people who name each other as their Beneficiary should one die before the other, and mutually agree upon other Beneficiaries after both of their deaths.

These types of Wills have a legal effect beyond that of so-called conventional Wills. Both wills contain an agreement that neither Testator will make any changes to their Will after the death of the other. Therefore, the surviving Mutual Testator is bound by the original arrangement and cannot change his/her Will.

People choose these types of Wills sometimes to create some protections. For example, if a wife has children from a previous marriage, she may want to ensure that parts of the estate are left to her children after the death of both Mutual Testators. Without the mutually binding nature of Mutual Wills, there would be nothing to stop her husband from changing his Will after her death and leaving her children out of the new Will.

[Hurricane Puffrose]

Re: Where there's a Will.........there are potential problems

Inca,
I'm here for you as always.
Love you
Puff.

[SpringerSpaniel]

Re: Where there's a Will.........there are potential problems

If your circumstances change eg being left a large sum of money or property, you would need to declare that as a 'change of circumstances'.

DLA entitilement would not change as this is not means tested but to help someone with a disabilty cope with the extra costs involved. Entitlement to means tested benefits such as IS could change.

A DIAL centre woudl be able to advise you once you know the facts.

[Inca]

Re: Where there's a Will.........there are potential problems

I will find out for sure today,,Dad passed at 3.38am..Thankyou for all your help

Inca xx

[Sapphire]

Re: Where there's a Will.........there are potential problems

Oh Inca please accept my condolences, you will now have loads to sort out, if you get stuck give a shout there's a few of us here that's been there and got the T-Shirt, so may be able to hold your hand along the way. Just be prepared these things don't just happen, they can take weeks or months to sort out, my mum passed in the July and it wasn't until the October until things were sorted.

[enaid]

Re: Where there's a Will.........there are potential problems

So sorry Inca, even though expected still a shock and very upsetting. You know we are here if you need any help, just ask x

[Inca]

Re: Where there's a Will.........there are potential problems

Oh Inca please accept my condolences, you will now have loads to sort out, if you get stuck give a shout there's a few of us here that's been there and got the T-Shirt, so may be able to hold your hand along the way. Just be prepared these things don't just happen, they can take weeks or months to sort out, my mum passed in the July and it wasn't until the October until things were sorted.

Thanks Sapphy hun,,,,,already know we are stepping into an abyss Found 4k in a pocket so got a box with a lid that all monies found are going in till we have a bloody clue whats going on.Changed alarm code on house and have come home,Rob and Si (his brother) need to eat,sleep and gather their thoughts,My sister is on her way down to take over looking after my needs.Not going to do anything until everyone is rested.xx

[Sapphire]

Re: Where there's a Will.........there are potential problems

Yep I know that feeling, after my dad passed, we'd done the funeral and wake etc, a few weeks later mum decided it was time to sort out his clothes and donate them to charity, anyways they had a suspended ceiling in their bedroom and it had always bothered her that when she turned the light on there were wierd marks above it, so we investigated, shed loads of £20 and £50 notes fell down on the bed, there was thousands of pounds just sitting up there, what a shock, anyways it gave her a nice lifestyle for many years without her having to touch the monies in the bank accounts.

[Inca]

Re: Where there's a Will.........there are potential problems

This lot was tucked in a jacket pocket..I know Mum hid money around the house,Dad found loads too.......I don't even want to THINK about clearing the house,,hoarding is an understatement.All we have done is collect spare keys from neighbours,,change alarm and close the door,it's their childhood home so thats emotional too. I'm just numb atm but gotta be strong for Rob n his brother,

[TUTTSI]

Re: Where there's a Will.........there are potential problems

Ohhhh hun, I am so sorry to hear that. Thinking of you and your family at this time. <<<<HUGS>>>> xxx