Hi
Does my dad need a will - he has his name on a property with my mum (they are divorced) he has 35%. Dad has always said this will go to me and my sister if he should pass. Will that happen or does he need a will? Dad is struggling since his diagnosis and I don’t feel I can ask him. He private rents and doesn’t have any other assets etc. so it is just his name on mum’s house.
thank you
Hello Poppy10
I’m sorry to hear about your Dad’s diagnosis.
We think it’s important that everyone has a will, but we find it’s best to give guidance in this area over the phone as we can ask more questions and tailor the guidance for you. You can contact us on 0808 808 0000 and select option 1 then 2 and the 1 again to get through to one of the Financial Guides on the line. We are here from 8am until 6pm from Monday until Friday. In the meantime, I’ve included some information below which you might find helpful but it’s important to know that this only applies if your dad lives in England or Wales.
If your dad dies without having made a valid will, his estate (what he owes and owns in his sole name) must be shared out according to certain rules. These are called the rules of intestacy.
Under these rules, only married or civil partners and some other close relatives can inherit. If there is no spouse or civil partner, then the estate is usually shared out equally between the children. The below link will be helpful as you can input information according to your dad’s individual circumstances.
https://www.gov.uk/inherits-someone-dies-without-will
You mention your dad has his name on your mum’s property. Below is some useful information about property ownership (England and Wales) and what might happen with the property when someone dies.
If the property is held under joint tenancy, usually the whole property is automatically inherited by the other joint owner of the property. In this scenario it’s not usually possible to leave any share of the property in a will or for it to be inherited according to the rules of intestacy. If the property is owned as tenants in common, this means the deceased’s individual share of the property can usually be left in a will or can be inherited through the rules of intestacy.
It might be worth speaking to a legal professional though about what will happen to your dad’s share especially if this arrangement was part of a divorce settlement. Below I have detailed some legal signposts, and some will writing options for England and Wales.
Where to start
Your dad can write his own will and will writing packs are available from most stationary outlets. But, unless his affairs are very straightforward, it’s generally safer to use a solicitor. Financial help through the legal aid system isn’t normally available for writing a will but it is occasionally in special circumstances. The chosen solicitor can explain if legal aid is available.
The government website also provides some useful information to consider before writing a will:
www.gov.uk/make-will/writing-your-will
If there is a need to find a solicitor, your dad could talk to family and friends for a personal recommendation. If this is unsuccessful, a local firm can be found by looking on the Law Society of England & Wales website:
www.lawsociety.org.uk/find-a-solicitor/
There is also some information here which may be useful:
http://www.lawsociety.org.uk/for-the-public/common-legal-issues/making-a-will/
Alternatively, contact the Law Society helpline on 020 7320 5650 (local call rates). Lines are open 9am to 5pm Monday to Friday.
Macmillan Free Will Service across the UK
Your dad can sign up and choose from a list of our respected will writing partners to write a will online, face to face at home, face-to-face using video appointments, on the telephone, and via the post. Please note, not all options are available in all parts of the UK.
After the will writing partner has been selected, we’ll pass on some details so they can make contact and start the will writing process. If the online option is chosen, we’ll send a link straight away to get started. If the will is urgent, it’s better to register over the phone.
There isn’t any obligation to leave a gift in the will to Macmillan. Visit https://www.macmillan.org.uk/donate/gifts-in-wills/free-will-service.html to find out more about Macmillan’s Free Will Service or to register. You can also call 0203 424 3677 to register.
Will writing options available from elsewhere
Some charities offer a free will-making service. They hope that users of these services will leave a legacy to the charity concerned but there’s no obligation to do this. For a selection of charities offering a free will making service to over 55s for one or two months each year, visit www.freewillsmonth.org.uk
There’s also www.willaid.org.uk which offers a free will writing service once a year. If preferred, try calling them on 0300 0309 558. In return for a will, they ask for a voluntary donation.
There are also some other cancer specific charities with free will making offers and it may be worth checking if a particular type of cancer has a charity offering these.
Membership of a union or staff federation may include legal services so check membership conditions. If it does, it may be possible to arrange a will at a reduced cost.’
I hope you’ve found the information useful and please don’t hesitate to get in touch over the phone on 0808 808 0000, or you can chat to us online by using our webchat service here
Kind Regards
Will,
Financial Guide
