Everyone should make a will

[Nadine Moore]

Hi Subaru

Yes I am in England (Buckinghamshire to be exact) but I am talking about early 1980's so maybe things have changed since then.

I've even checked the BMD entries and there are two for her, one in Q3 1982 and the other in Q2 1984 both annotated to the other (haven't tried sending for both certs though )

dinie

[toni*]

found this it might be of interest.

the late registration of a birth to parents who were later married to each other might record a false birth date to conceal their illegitimacy. a child born out of wedlock was usually registered under the mothers surname, though before 1875 there was nothing to prevent an informant naming or inventing a putative father. later only if the father agreed and was either present to register the birth or his sworn acknowledgement of paternity was produced to the registrar could his name be inserted in the entry. after the legitimacy act of 1926 if the childs parents subsequently married the child became legitimate and his or her birth was frequently registered a second time under the married name.

you can give the child what ever surname you choose nowdays but you cannot put a fathers details on their unless he is present or you present the marriage certificate and then the childis assumed to be the husbands even if it is not.

[Subaru]

That'll be why I wasn't advised to put biological dad's name on the certificate.  He definitely wasn't there with me when I registered her, and we weren't married.  I can't remember the lady even asking if there was a father though.  That was in 1984

[juju9999uk]

Hi Everyone,
I am not talking hypothetically!!
Bio father was married, child was produced. Though he was not sure the child was his as she was seeing someone else before the marriage ended. After the divorce she married him and they adopted first son.
We were never married and at 7 months pregnant I left for various reasons. He was there for the birth of the child and saw him for about 4 months after he was born. He did not contribute in any way to the childs upbringing and after his family objecting to me taking the child to his house. I didn't return. When the child was about 5 months old he made various threats to take him away from me and that I should not try to claim maintenance from him. Being as I had asked him for nothing up until this time I thought he was being unreasonable, to put it mildly, and took him to court for maintenance. He wanted blood tests and when I agreed he didn't want to know. He said that he would stand up in court and deny the son was his. In court the judge asked his responsibility and he claimed it. An order was made for maintenance and a claim towards birth expences. About 3 months of payments were made and then he stopped. He saw the child on and off for the next couple of years then no contact was made until I married 14 years later. When he asked if I wanted him to sign anything so my husband and I could adopt him.  I didn't  reply to him. Some years earlier I had Sons surname changed to my maiden name and he wasn't bothered about changing it when I married.
Bio fathers name on the birth cert only means he allowed him to be put in his name. Maintenance order he accepted him as his son. As he stopped making payments before the child was 12 months old life was a little difficult at times, and to me this more than makes up for any hardship he had to suffer as a child. It means he can be educated and equipped to start his own business and hopefuly leave a legacy to his own children.
Have discussed with husband and we have decided to make wills. I have two children from previous relationships and two from marriage. All children have been bought up the same and treated the same, I would not like to think that after all those years they would be treated differently because the law says so. All estates go to each other, if we both die then all estates are split 4 ways between the children.
Regards
Juju

[Dancing Master]

If no Will then there should in a % of the cases be Probate documents.   These are the ones that family can deal with in the County Court Probate system.

[juju9999uk]

Hi Dancing Master,
What exactly are probate documents?
Regards
Juju

[Dancing Master]

Probate documents are legally binding and when you go to the County Court with the Death certificate and documents, bank books etc., you get a huge form to fill in all the informaton about the deceased, money, etc.,  it even involves having to give the value of the furniture they left and their clothing.

Then this form goes to the Probate Service and after about 3/4 weeks  you go back to the County Court and swear an affidiavit along with paying the fee  (it depends on how much involved in the Probate) and then a very few weeks later you get control of the estate.   I was executor with a Will and executor without a Will

I dealt with both myself, and the easiest one was the Probate.  It cost a fraction of the charges if you do it yourself.

There was far more information in the Probate documents, but I must admit I like the old type of Wills which were also detailed.  not the sort that simply says, I life all my estate to my wife.   or charity etc., 

i used the Probate service for the Will and the estate without a Will.

http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm

[meles]

Two warning stories:

My Dad died may years ago, and by chance, a few days later so did the husband of Mum's best friend. Dad had made a will, and a month later we were able to access his bank account and get back to some sort of normality. Mum's friend's husband had not made a will, and it took six months to get probate. She had to borrow from friends and family to survive. She had a very distressing time. Make a will!

As many of you know, I had a Civil Partnership ceremony 1 year and 11 months ago (who's counting?!) It invalidated our wills and we had to write new ones. This is not generally known - so if you know of anyone who as done or is about to do this, warn them.

Wills is tricky but very important.

meles

[Dancing Master]

In actual fact the Probate without a Will I did took 3 months, and the one with the Wlll less than 6 months, but  I did myself not hand over everything to someone else to deal with it.  When you hand it over to others  they can take as much time as they wish.

My cousins who left Wills  took in the region of 12 months. and that was only done then my nagging them.