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When is a will legal

  • Petrof
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29 Jul 09 #134883 by Petrof
Topic started by Petrof
Hi,

My ex and I are not divorced yet, he still did not respond to my petition a year ago, although he is the one who left us because of OW.
My ex and I still have our joint will where everything is left to the other spouse should we die. I would like to make my own will, regardless the divorce, leaving everything to our boys. I read somewhere that what makes a will legal is the signature. Can you advise, please.

Petrof

  • dukey
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29 Jul 09 #134905 by dukey
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As with all legal docs they are more complicated than they look, if you want a new will have a lawyer draft it there is much more to it than just the signature.

  • elvis_fan
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29 Jul 09 #134910 by elvis_fan
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I've made wills at various points and have used a DIY will kit. Yes your signature is important, and it also has to be witnessed by someone else (there's guidance about who can/can't do this).

However, if there are any complicated aspects to it (such as putting money into Trust for a child, etc, best to get some legal advice so that it gets set up the way you want it, with the people you want acting as Trustees.

I suspect if you died before the financials of the divorce are sorted, everything that is currently in joint names/joint ownership would revert to your husband. You can only will things that are entirely in your name.

Get some legal advice..

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29 Jul 09 #134921 by elvis_fan
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Also ... I'm a bit confused by your statement that he didn't respond to your petition a year ago. You have options of how to move the divorce process ahead, even without a response from the other party.

Best to put your energies into getting this moved ahead so that you can separate your finances and have things clear for your future and (here's hope you don't need it) your will.

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