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> DIY Will with young children

V
Kat255
post 06/04/2012, 09:56 AM
Post #1
***   Posts: 580   Joined: 23-August 09     
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I was reading an article today:
http://www.canberratimes.com.au/money/plan...0403-1w9vx.html

which stated
QUOTE
Consumer group Choice concluded in a study two years ago that will kits could be a useful research tool but that legal advice should usually be obtained, particularly if you have small children, complex financial affairs or a complicated family situation.


I am wondering how people who have 'good' Wills have set out what their children should receive. I did have a solicitor to prepare my Will, but he was pretty useless. He got most of the names and relationships incorrect. Stating that DH's sister was actually his daughter, Confusing the names of my Dad and Brother, Spelling my name incorrectly ... that sort of thing. I corrected everything and sent it back to him and haven't heard that there were any issues, so I assume it was all filed correctly. But it doesn't give me any confidence.

Anyway... the bit about giving everything to the kids (which is what we want to do) is phrased:
QUOTE
2. I appoint as Executors XXX and XXX and I give, devise and bequeath the whole of my Estate to my Executors upon trust to pay thereout all my just debts, funeral and testamentary expenses and I give the balance then remaining to child or children in equal shares upon them attaining the age of eighteen (18) years.


The issue I have with the above is that the guardian who looks after them from whenever till age 18 gets nothing, which doesn't seem fair.

Obviously I need to talk to a (different) solicitor to get it all sorted out, but I was wondering how others have handled theirs.
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Guest_Buy Me A Pony !_*
post 07/04/2012, 05:19 PM
Post #2
           
Your solicitor should be explaining it to you in terms that make sense to you. So that you can reconcile what you don't understand with what's in the document.

If you want money left to the guardian you need to express this to the solicitor and your reasoning. Your solicitor will then be able to advise you as to whether this is a good idea or not.

If there are errors in the document you correct them and return them. The document is not completed until you've signed the final version which should contain your corrections.

Sounds like neither of you have followed up and you have no current will. Why are you wanting to speak to a different solicitor? Give your existing solicitor a call first and try to resolve the current situation. Avoid the DIY wills, you're paying for a service that should be thorough.
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