I want to make my will, can i include unborn children as benefactors as i am planning on starting a family?

Question

I want to try to avoid additional legal costs so I wonder if I can include something along the lines that first to inherit in the event of my death and my husband's death will be our children? We are planning on having a family soon and want to avoid unneccessary costs. We would then name other benefactors, like nieces etc

Answer 1

You can bequeath to unborn children. A line similar to "one half of my estate divided equally among all of my natural and adoptive children" would cover any and all children whenever they were born. A bequest by name is only valid to someone who was alive at the time that your will was written.

Most legal experts recommend that you review your will every few years and update it as appropriate. Circumstances and family relationships change over time and you need to keep it up to date.

Answer 2

Yes it is perfectly legal to leave assets to unborn children. In the event no children come into the picture, the assets would then go to any of the other living relatives. I don't know why you would want to do this, because in most states your assets go to living relatives anyway. Avoiding legal costs is not the way to go here! If you want to be sure of your wishes then when you have children, make a legal will. Here is the deal; suppose you had children, and no will other than one that leaves your assets to your children. If the children cannot agree on how the assets are to be divided, then the court would step in and sell your assets, and the money would be divided among your children equally. The assets would be sold at auction, and most of the time does not reap the actual value of the property due to unforeseen things such as bad weather on the day of the auction. Think about it, if you wish to leave something, get an attorney and don't try to avoid the cost as this will only cheat your desires. Good luck!

Answer 3

I don't think it is possible to include unborn children (and in this case there is at this time not even a pregnancy yet). It is important to at all times keep your will updated, so you would have to change it several times in your lifetime (as we hope you will live to a very ripe old age!), you would have to change it if you got divorced or widowed, with every child, with changing circumstances, etc.

Having a will is very responsible, it also ensures that your wishes are carried out once you are gone. Even though possessions normally go to the next of kin, too many families are not ideal and there can be a lot of fighting and unhappiness in the case where there is no will.

It would be best to discuss fully with a good lawyer and be well-informed of all the facts.
Good luck.

Answer 4

Estate planning laws vary from state to state, so you consult a local attorney instead of relying on the advice here. However, there are ways to word a trust and/or will allow for unborn children.

In reality, you should have your trust reviewed every few years anyway by an attorney. Laws changes from time to time and a will drafted 5 years ago might need to be updated anyway. Your plans changes, the size of your estate changes and may things can happen.

And don't try to do this on your own. Just see a local attorney and get it done the right way.

Answer 5

Sure you can, you can make a whole list of benefactors in an order of who recievs what. If that kid is never born everything will just go to the next living person in line. So instead of a name on the list just write down my oldest offspring, any lawyer will understand what that means.

Answer 6

When you list beneficiaries, list "all my children, born and unborn at the date this will is signed, per stripes." The phrase "per stripes" means that if your children have children, but your child has pre-deceased you, the children of the deceased child will take their share.

Since you don't know if you will have children, you can also add lines stating, "Should I die without direct descendants, I leave my assets to the following people:
To my neice, Jill Doe, I leave ____"

As you get older and accumulate more assets, you'll probably want to rewrite your will to possibly include a pourover will and trust.

Answer 7

Yes, you may. Under the law everyone including a dead person or the unborn could be entitled to the will. (It would not be the dead who would receive the benefits but rather their descendants or legal representatives). Yes, everyone except the priest who was blessing you and his relatives to the 4th civil degree, the nurse, doctor or drugist of your final illness and the witnesses of your will. So, if you include unborn children, it is quite OK.

Answer 8

I would do your will and put your husband as sole benefactor of your will then if you have children (good luck btw) you can always change it! you dont want to have kids and then when they are 15 (god forbid) something happend and theres this namby pamby wishy washy.. future kids blah blah... its too vage (sp?) well go to your solicitor and check anyway.
Edit: you dont even need a will tho, your stuff will automatically go to your next of kin - husband then children. I try not to think about it.

Answer 9

Hello, first your Will covers you, not your husband, your husband will also have to have one, your will can not say what happens when your husband dies.

You can leave in a will, everything to your husband, and have a clause that in case he procedes you in death all your property will go to any children or any children born to this marriage, or if you have a child, name of that child plus all future children.

You husband would have then a simular will

and of course you can have a clause that if no children are alive it would go to .......

Answer 10

Not sure.....
BUT,
you can get a Will pack from a good bookshop WHSmiths or something which has all the laws advice etc and you can write out your will and then just get it witnessed. Its totally the cheapest way.
There is something in there about updating it easily/cheaply too.