View Full Version : Making a will, solicitor or DIY ?
Have been advised to make a will and was wondering what other peoples experiences were ? whats the best bet, solicitor or DIY ? I've tried searching it on here but couldnt find anything, thanks.
Stew
Solicitor any day - not touting for business, use whoever you like, but use a solicitor and you'll know that it has been done properly.
Tiger 55
12-01-10, 04:31 PM
Depends how complicated your estate is. If you're giving the lot to Mrs Stewie excepting if she pre-deceases you and in that case giving the lot to all your Little Stewies, I'd go for DIY. A solicitor will take the standard form, fill in your name and put his hand out for £70 + VAT. Fill in your own name and trouser the change.
If you make a total hash of it so what? You'll be dead anyway. :)
Depends how complicated your estate is. If you're giving the lot to Mrs Stewie excepting if she pre-deceases you and in that case giving the lot to all your Little Stewies, I'd go for DIY. A solicitor will take the standard form, fill in your name and put his hand out for £70 + VAT. Fill in your own name and trouser the change.
If you make a total hash of it so what? You'll be dead anyway. :)
+1. gives the living something to fight over :smt030
Depends how complicated your estate is.
Trouble is that the laws are quite complicated once property is involved and it's easy to get over the IHT threshold these days even with a relatively modest property.
By planning ahead you could save your family 1000's for a modest outlay so it's worth taking some specialist advice.
+1 for the solicitor.
Owenski
12-01-10, 04:43 PM
We needed them for our mortgage or for something else around the same time. Either way I gave Abi a side of A4, signed by me and my boss. It simply says something along the lines of: In the event of my demise Abi gets everything, if shes already dead my sister gets half of my worth the other half gets split up between my cousins, then lists their names. This was faxed to the mortgage solicitors and was accepted so I'd guess it depends how complicted you make your distribution I guess.
Luckypants
12-01-10, 04:53 PM
Where property and children are involved, go to the solicitor. DIY is OK but unless it is very simple, it can easily be worded in an 'unclear' way to the legal eagles, leading to problems come execution time. All of that adds to stress on those left behind at a time they least need it.
Another thing to think about if you have been advised to make a will is continuing power of attorney, which will allow your loved ones to make decisions and operate bank accounts (even joint ones are frozen) should you become incapable. A decent solicitor would bring this up.
We needed them for our mortgage or for something else around the same time. Either way I gave Abi a side of A4, signed by me and my boss.
That's okay when you're young but hopefully your circumstances will change and you'll have more to leave to your family. what if you have kids? You wouldn't want that will to be valid then, would you?
Don't want to be the harbinger of doom, but one day the parents/in-laws will pass away then you'll have other things to think about if they leave you high-value assets. That's when you'll need specialist advice.
Update your Will every few years or as circumstances change :thumbsup:
We needed them for our mortgage or for something else around the same time. Either way I gave Abi a side of A4, signed by me and my boss. It simply says something along the lines of: In the event of my demise Abi gets everything, if shes already dead my sister gets half of my worth the other half gets split up between my cousins, then lists their names. This was faxed to the mortgage solicitors and was accepted so I'd guess it depends how complicted you make your distribution I guess.
Then I regret to say that your will is void as it is not executed properly. See how easy it is to fall foul of the rules. You need two independent witnesses, both of whom must sign in your presence AND in the presence of each other.
On the DIY thing, what's the answer to this.
Mr owns 3 properties. He thinks he needs a separate will for each so goes into WHSmith and buys 3 separate will forms. He leaves them all to lady friend. Mr dies. Sisters in Ireland are nearest living rellies. Only problem for lady friend is that the WHSmith painting by numbers form of will has a standard reviocation clause. There was no evidence as to which will was executed first. Are all the wills valid, or do they all fail as they all revoke each other?
This was litigated. There is an answer... what is it?
+1. gives the living something to fight over :smt030
Yes please. A disputed probate is worth a few grand:cool: Better than the £70 for a standard will, and the risk that goes with it.
Dave20046
12-01-10, 05:07 PM
If you make a total hash of it so what? You'll be dead anyway. :)
:lol:
Knowing someone who's currently getting by, when they should be living in an expensive country estate thanks to a 10 year dispute on a will, I think I might entrust it to a solicitor (circumstances dependant).
Mum died in June, leaving NO WILL. The hoops, and agro - can I kill a relative whilst I have Grant of Authority?? Seriously, things have been an absolute nightmare.
Get a Will done by a Solicitor - ffs its only £xx and will save a mega load of hassle you don't want your nearest and dearest going through and such a sad time.
I am not a Solicitor, nor am I touting for business for one.
littleperson
12-01-10, 05:34 PM
If you belong to the NASUWT you can get the service for free
Tiger 55
12-01-10, 05:48 PM
£70 for a standard will
+ vat ;)
Bluefish
12-01-10, 06:23 PM
ED, all three invalid, government takes the lot. ;)
Thanks for the info guys, think I will go down the solicitor route tbh
cheers
Stew
Don't for get a living will - (Yes I was watching silent Witness)
Solicitor any day - not touting for business, use whoever you like, but use a solicitor and you'll know that it has been done properly.
Even if solicitors can't spell "tonight". (Well Ed apparently can't)
Daryl
Is it worth a 37yr old single man with no kids making a will? Could leave everything to my sisters, not that ive got much anyway :(
ED, all three invalid, government takes the lot. ;)
What happened - the Irish sisters spotted a get-out-of-poverty-in-rural-Ireland-and-swipe-the-riches-of-brother-made-good card. They claimed that all the wills were void for uncertainty or because they all contained revocation clauses, and under the Intestacy Rules that they should get the loot. Ladyfriend maintained that it was a mistake and asked the Court to rectify the wills so as to read as though there were no revocation clauses. She was assisted by the fact that brother had long lost contact with the three ugly sisters and so there was no evidence that he intended to benefit them. The judge took a purposive approach: she upheld the validity of the wills, so awarding the entire estate to the girlfriend, which was obviously the intention of the testator.
Bluepete
12-01-10, 08:07 PM
revocation clauses, Intestacy Rules no revocation clauses. purposive approach: testator.
And that's why you should use a solicitor.
Pete ;)
MiniMatt
12-01-10, 09:14 PM
Christ, solicitor any day. Seriously, it's what £90. Having also seen the nightmare that relative executors go through in tying up an estate I'd also advise you specify the law firm's rep as executor too. It's hell, major benefactor is major benefactor because they're close, because they're close they're also good choice as executor - rest of family suddenly forgets all about the sad death of grandpa and are now questioning the executor (often their relative) over their actions.
What do you want to leave your loved ones - stress free life? Mortgage covered? An extra few hundred quid? Mortgage is sorted easily with insurance and properly solicitor drafted Will. Stress free life versus an extra few hundred quid is the choice - I figure I'd rather leave each of my surviving blood suckers less stress and appoint an impartial excutor who'll charge for the privilege rather than alienating my "preferred" relative from the rest of the family by saddling them with executor status.
EDIT: On the "is it worth bothering - I've got nought and no kids etc" question - I kinda think yes. I made my first one after a near bus/motorcycle interface situation and ok so I was working for a law firm at the time and got a freebie, but lawyer was good at pointing out a lot of things I'd not considered. Like my death in service insurance provided by the firm and worth a pretty penny, like "sure you want equal shares going to your siblings - what if they all die before you, what if one has kids, what about your folks? what if one of your (divorced) folks dies?" etc.
MiniMatt also nails a good one.
Don't name a family member as executor.
Like the others say, solicitor, just do it.
'Cos I'm a wrinkly I got a charity sponsored thing with a local solicitors, only cost me a few quid (I put a slightly involved bit in it, so added £25 or so, otherwise would have been free). The wording has to be just so, otherwise it's open to all sorts of contests, just not worth trying to DIY. My solicitor steered me round some potential issues, like avoiding naming charities with a "share", because then they could potentially contest the value of the estate, just state an amount and job's done.
You do actually feel better once it's done! :D
Speedy Claire
12-01-10, 11:33 PM
Maybe Ed can offer a will drawing up service for the org at a reduced cost dependant on the number of people interested? ;)
vBulletin® , Copyright ©2000-2025, Jelsoft Enterprises Ltd.