Wills

chrispy108 · September 2016

So, I guess I need a will, due to owning a house and a small baby now.

Any advice?

A quick Google shows loads of online places, and as our will seems really straightforward that seems ok, but thought I'd ask if anyone has any experience?

boogieman · September 2016

If it's really simple you can do it yourself. You don't even need to write it on a will form, any old piece of paper is fine, just get it witnessed and signed by somebody (actually two somebodies) not named in the will. Personally as there's a child involved I would have it done properly though. A solicitor will do an easy will for not a lot, but you could do get it done even cheaper via the will aid scheme.
http://www.willaid.org.uk

HAL9000 · September 2016

If you write your own (which is easy enough) just make sure that you've got all the 'legal' bits done properly....

At the moment I'm sorting out probate for my Dad's estate. Although he and two witnesses signed the will, I'm currently having an issue with the Probate Office since the wording doesn't explicitly state that he signed in the presence of the witnesses, or that the witnesses signed in his presence. I'm now having to locate the witnesses to ask them swear an affidavit to show that everything was done properly. Dad's will was written thirty-something years ago and one of the witnesses appears to have disappeared off the face of the earth.

fretmeister · September 2016

About £100 for a simple one at a solicitors. Insured against bring negligently prepared then.

thumpingrug · September 2016

You could consider having it done through "Will Aid"

http://www.willaid.org.uk

Snap · September 2016

Go to a solicitor. Honestly, if your estate is simple, it really is not worth the risk of NOT having a solicitor do it. IN the grand scheme of things, its better to spend a 100 quid safe in the knowledge that its done properly and won't give your survivors a pain in the arse. And as Fret points out, you'll be insured.

RandallFlagg · September 2016

Got ours 'free' as part of my wife's USDAW union membership, via a local appointed solicitor.

It's a legal document and there are some specific language requirements so via a Solicitor is recommended.

boogieman · September 2016

A decent solicitor will also make you aware of things to include in the will, like childcare provision if you and your partner die at the same time but your child survives. Like I said earlier, with a child involved I would definitely have it done professionally.

Skipped · September 2016

The other day I said: "what happens if you die first?"

I don't think the Solicitor wanted to hear that.

ESBlonde · September 2016

It is my uneducated understanding that legal marriage entitles the partner to everything without a will. However in the event of an accident and double mortality that doesn't help the child(ren). So for a nominal sum have a simple (and joint) will drawn up. Any will is made null and void by a subsequent marriage but not divorce as I understand the situation. I'm sure there are better informed people here who will give a better steer, essentially pay a fee and get it sorted professionally, it saves someone else a lot of delay and hassel.

fretmeister · September 2016

ESBlonde said:

It is my uneducated understanding that legal marriage entitles the partner to everything without a will. However in the event of an accident and double mortality that doesn't help the child(ren). So for a nominal sum have a simple (and joint) will drawn up. Any will is made null and void by a subsequent marriage but not divorce as I understand the situation. I'm sure there are better informed people here who will give a better steer, essentially pay a fee and get it sorted professionally, it saves someone else a lot of delay and hassel.

It would be easier to point out what was right in that rather than what was wrong.

No. A legal marriage does not entitle the partner to everything without a will.

It MIGHT allow that, but it is by no means automatic.

Dying intestate (no will) is one of the most supremely arseholey things anyone can do to their family. It can cost loads to sort out and that money will come out of the estate value - decreasing the inheritance. It also allows every single family member to claim the deceased promised they would give them something.

The Intestacy Rules are complex.

https://www.citizensadvice.org.uk/relationships/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

SimonC · September 2016

Get it done by a decent solicitor, and get him to sort out "Rights of attorney" as well while you're at it.

Snap · September 2016

and Fret, am right in saying that in the absence of evidence to the contrary, when you die instestate, your estate actually belongs to the Crown?

Which is reason enough to have a proper will sorted, cos that there Queen & Co are wealthy enough.

guitarfishbay · September 2016

Definitely get it done properly... My g/f's mum didn't make one and passed away this year. It was on her to do list but you don't always get to choose when your time is up.

fretmeister · September 2016

Snap said:

and Fret, am right in saying that in the absence of evidence to the contrary, when you die instestate, your estate actually belongs to the Crown?

Which is reason enough to have a proper will sorted, cos that there Queen & Co are wealthy enough.

Ish

In that if there are no possible beneficiaries under the Intestacy Rules then it will ultimately go to the Treasury.

It's very rare though. Most people have a relative somewhere.

I think people fail to notice that it is possible to be Partially Intestate - that can happen (most commonly) when a person does their own will and forgets about something, and fails to have a "mopping up" clause about residue.

It can be almost as much of a sod to sort out as a full intestacy.

siremoon · September 2016

Definitely get it done properly. The cost is minimal compared to the hassle for the family of not doing one or doing it wrong.

My wife and her sister were accidentally disinherited by their step father doing it himself. Fortunately the other beneficiaries are thoroughly decent people and immediately agreed to a Deed of Variation to rectify the mistake. Others may not be so lucky.

My mother being as stubborn as a herd of donkeys declined to make a will. A couple of years ago she had a massive stroke which left her virtually a vegatable so there will now never be a will. My sister and I wait for nature to take its course knowing that we have a whole lot of legal aggravation to come on top of everything else.

lloyd · September 2016

Aye getting it done properly (or at all) can save a lot of hassle and/or heartbreak.

My Mum's godfather died a few years ago-no kids of his own, no other relatives to speak of (or so we thought) so we cleared his house out, took care of funeral arrangements and whatnot as is right.

As it turned out he had some extremely distant relative living 400 miles away who was left his estate upon his death.

Luckily for us the recipient had told us that she'd just be getting a firm in to clear the house and pay for it out of the money left, but allowed us to take care of the clearance so we were able to keep the important stuff-photo's etc.

I'd add that while I'm not bothered about the money or anything, I'm pretty sure that had he known he'd have wanted it to go to my Mum.

Snap · September 2016

fretmeister said:

I think people fail to notice that it is possible to be Partially Intestate -

is that like having only one bollock?

boogieman · September 2016

siremoon said:

My mother being as stubborn as a herd of donkeys declined to make a will. A couple of years ago she had a massive stroke which left her virtually a vegatable so there will now never be a will. My sister and I wait for nature to take its course knowing that we have a whole lot of legal aggravation to come on top of everything else.

Sounds like my mum. She's also very stubborn and obviously thinks she's indestructible because she'd always refused to do a will. Last year she was 90 and I'd resigned myself to getting a load of grief trying to sort out her estate. Luckily my wife finally persuaded her to do one by using reverse psychology: "it's such a shame so much of your money will be going to the government and solicitors because you've not done a will."

HAL9000 · September 2016

ESBlonde said:

It is my uneducated understanding that legal marriage entitles the partner to everything without a will.

Unfortunately, I've had to investigate this. In England and Wales the first £250,000 goes to the spouse. 50% of anything over and above that goes to the spouse, and the rest is divided among any children.

DiscoStu · September 2016

I got mine done officially by a solicitor through the aforementioned WillAid scheme.

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