Considering--

[Dicky Ticker]

The dangers of motorbiking how many people on here have actually made a will? I know we may consider ourselves invincible but I am dealing with an intestate situation at the moment and there is so much responsibility it is scary. Sure,it may not be so important for the younger members who are still under the wings of parents but what about the house owners with insurances and mortgages,kids and partners etc.If you haven't my advice would be sort it out as the executor at least knows what he should be doing.

[speedplay]

I've got one.

It was my accident in 2008 made me think more carefully about things and also look closer at my own riding too.

[Owenski]

Had the financial advisor round on monday waggin his finger to the same tune.
Once mini owenski is here it'll be a priority task.

[robh539]

No i havent yet, keep meaning too. Its one of those thing on my list to do. Thanks for the reminder :)

[speedplay]

No i havent yet, keep meaning too. Its one of those thing on my list to do. Thanks for the reminder :)

Things to do list:-

1. Buy dirtbike.
2. Write will.


I can see where this is going...;)

[Specialone]

Ive always seen wills as tempting fate, also, people id include now, i might not like when i die so constantly have to amend it depending on my mood :)

[Owenski]

Ive always seen wills as tempting fate, also, people id include now, i might not like when i die so constantly have to amend it depending on my mood :)

Solution, sign it all over to me - in return you purchase a "yes man" any post you make on the org with requires agreement, im your guy. :)

Orrrrrrr as a big FU to everyone sign it over to the last possible thing you could imagine eg a gold fish or something.

[Ed]

...and keep it up to date, as circumstances change.

And get it done properly!!!! It's not expensive to get a solicitor - not a will writing company - to do it for you. Did I tell you the true story about the bloke who had 2 sisters and wanted to leave most of his estate to his girlfriend? He bought 3 DIY will forms from WHSmith and used one for each gift, which were two minor gifts to each sis, and his house to the girlfriend.

The problem was that each will form contained a standard pre-printed revocation clause of earlier wills. It was impossible to show which will was executed last.

So on the face of it the wills were void, leaving an intestacy, and the two sisters entitled under the Intestacy Rules.

Did the evil sisters win?

No, they didn't. The judge took a purposive approach and upheld the validity of the gifts in each will.

But that took a trip to the High Court, you're looking at £40K of costs.

So get it done properly by someone qualified to do it.

[timwilky]

Did it 20 years ago. I know I need to upgrade it as I need to change an executor, otherwise it still stands. e.g. the wife will be merrier than the merry widow.

[Ceri JC]

I've got one. Everyone thinks they don't need one. I'm 28: I am currently processing my late wife's estate. It is about 100 times easier/cheaper than what my (recently deceased) best friend's wife is going through. He didn't think you needed a will, despite me nudging him about it a couple of times. The resultant mess is more stress at a time when your nearest and dearest are least capable of dealing with it. Not getting one is downright selfish, IMO.

Do not put it off: If you have a motorbike, you have both an asset and a higher than average chance of dying.

[robh539]

...and keep it up to date, as circumstances change.

And get it done properly!!!! It's not expensive to get a solicitor - not a will writing company - to do it for you. Did I tell you the true story about the bloke who had 2 sisters and wanted to leave most of his estate to his girlfriend? He bought 3 DIY will forms from WHSmith and used one for each gift, which were two minor gifts to each sis, and his house to the girlfriend.

The problem was that each will form contained a standard pre-printed revocation clause of earlier wills. It was impossible to show which will was executed last.

So on the face of it the wills were void, leaving an intestacy, and the two sisters entitled under the Intestacy Rules.

Did the evil sisters win?

No, they didn't. The judge took a purposive approach and upheld the validity of the gifts in each will.

But that took a trip to the High Court, you're looking at £40K of costs.

So get it done properly by someone qualified to do it.

thx for tip, I was going to get one of those books. will seek the solicitor friend out now.


Things to do list:-

1. Buy dirtbike.
2. Write will.


I can see where this is going...;)

lol no mate CBA with dirt bike, car hunting at the moment.

[keith_d]

I've got no dependants so it's not too important. But I've still made a will to keep things simple for my family.

However, if the biking, diving and good food don't get me and I outlive my immediate family I might have to make an alternative plan. Marry some cute young nurse and give her the lot when I cark it, just to stop the government getting a penny.

[carelesschucca]

I've had a will for ages, I got it when I bought Chez Chucca with Kirsteen.

I was lucky and my union actually pay for you and your nearest and dearest to get it done through their solicitors so Mrs Chucca and I both got one done.

So if your in a union have a look and see if they do the same thing.

[Kilted Ginger]

Yep, been there done that. Did my first one at 21 when i bought my first place. Updated it when i'd been with girlfriend for a significant time. Do i need to update it again to reflect the fact she is now my wife?? Phone call to solicitor i suspect.
Here's a better one. I also have a living will, which states in no uncertain terms what the docs can and cannot do to prolong my life, should i be in no state to instruct them. I don't want my wife having the extra stress of deciding when not to resuscitate or when or if to pull the plug and which organs can be used to help others. Its all there in black and white, as are all my funeral plans, from type of service, music and even the location for the tea and sausage rolls afterwards. Anything that i can think of that will make a difficult time easier i have done.
One other piece of advice, have a list of your assets, bank accounts, shares, property, anything you have. Trust me i'm dealing with the estates of two relatives who died recently and the hours i've spent trying to find information is unbelievable.

DT, yes i am alive, sorry i missed the call, i@ll get back to you soon

[Quedos]

Got one and its hidden away somewhere - same as Chucca thro the union
and the same as Kilted - all plans are in black and white with what i want and that i'll ocme back and haunt them if i don't get it
haven't got a list of assets though - don't have much left!!

[Bri w]

Yep, been there done that. Did my first one at 21 when i bought my first place. Updated it when i'd been with girlfriend for a significant time. Do i need to update it again to reflect the fact she is now my wife?? Phone call to solicitor i suspect.
Here's a better one. I also have a living will, which states in no uncertain terms what the docs can and cannot do to prolong my life, should i be in no state to instruct them. I don't want my wife having the extra stress of deciding when not to resuscitate or when or if to pull the plug and which organs can be used to help others. Its all there in black and white, as are all my funeral plans, from type of service, music and even the location for the tea and sausage rolls afterwards. Anything that i can think of that will make a difficult time easier i have done.
One other piece of advice, have a list of your assets, bank accounts, shares, property, anything you have. Trust me i'm dealing with the estates of two relatives who died recently and the hours i've spent trying to find information is unbelievable.

DT, yes i am alive, sorry i missed the call, i@ll get back to you soon

Ditto, apart from the location for the send off. And still dealing with Mum's estate nearly 2 years later courtesy of a robbing sister.

My choice of music also, appropriately, includes "always look on the bright side of life" from "The Life of Brian."

[davepreston]

had one since i was 18 but could do with a update for wife
ED!!!! how much is the going rate

[Bluefish]

yeah got one, it was done professionally when we got the last mortgage, however have been thinking about extra life insurance.

[-Ralph-]

I have a wife and one child, next of kin after that my mother, after that my Sister. My house in Scotland jointly owned by my wife and money in a bank account in my name are my only significant assets (cars, motorbikes, etc, not worth enough individually to worry about too much, though together they currently probably value at 10 grand). Wife is named on any pension plans & life insurance. I want everything to go to my wife, and if she died at the same time or shortly after me, everything to go to my son (who is 3yrs old).

Do I need a will?

[embee]

Just do a will, just do it. As the others say, if you don't have one it's mega hassle for whoever has to sort out your affairs. As Ed advises (as the expert) find a solicitor who specialises in will writing, keep it a simple as possible and it won't be that expensive.

I did mine through a scheme sponsored by a cancer charity, on the basis that you might leave them something (which I have). It would have cost a bit over £100.

The solicitor was very helpful with advice about keeping it simple, like not naming charities but allocating a certain amount to "charity", then simply giving your executors a letter with your wishes. The letter isn't a legally binding document, but if you trust your executors they'll do the best they can to follow your wishes. Not naming charities means that they are not interested parties so cannot contest the will, they just get what the executors give them, end of. That sort of stuff is good advice, and reading the text demonstrates how it has to be worded in order to be watertight, legalese jargon is a different language. Not something you can do yourself without the right experience/training. Get it wrong and it's as bad as having no will at all.

[Bluefish]

I have a wife and one child, next of kin after that my mother, after that my Sister. My house in Scotland jointly owned by my wife and money in a bank account in my name are my only significant assets (cars, motorbikes, etc, not worth enough individually to worry about too much, though together they currently probably value at 10 grand). Wife is named on any pension plans & life insurance. I want everything to go to my wife, and if she died at the same time or shortly after me, everything to go to my son (who is 3yrs old).

Do I need a will?

yes

[-Ralph-]

yes

If somebody can explain to me why, and I find the reasons compelling, I'll go get it done without delay, but "yes" isn't convincing me to rush out to a solicitor.

[maviczap]

And still dealing with Mum's estate nearly 2 years later courtesy of a robbing sister

Were you the executor Bri, or is this a complication?

My Brother in Law was the executor for his Auntie's will, although he's sorted out the cash side of things, he's not pulled his finger out with the possesions, which is driving my wife mad, after just over a year.

We're not talking about much, only a few pieces of jewlery, no house or anything substantial.

So choose your executor wisely.

Oh yes, need to get mine sorted out too :takeabow:

[Specialone]

Ive got no excuse tbh as clairs uncle does it for a living, not a solicitor, just works for them, he does donkey work they sign it by the sound of it.

[andrewsmith]

I need to get one sorted, my field of work is hit and miss with the risks presented.
Need to get one as way its going I'm going to be doing Asbestos surveying and testing in the next year or so

[Bri w]

yes

Ed's your man, or at least another solicitor.

But my experiences in the last 18mths of a parent dying without leaving a will, of then having the hassle and stress of probate and oaths and the time span involved...

My dad had made it very clear to myself and my two sisters what both his and mum's wishes were. He died first, and left a will. Sorted seamlessly and without hassle. Mum was under the impression, courtesy of a poorly worded will/advice that as the first will also said something along the lines of "when the 2nd parent died...." that it was still valid. Apparently once the will was executed on his death a new will was needed.

And its not just the legal process that a will satisfies. It also stops the absolutely horrendous family squabbles that ensue if someone feels they are entitled to an awful lot more.

The story gets an awful lot worse but its too personal, fresh, raw, ongoing and downright painful to the nth degree.

For the sake of what is a very small % of someone's estate get a Will.

[-Ralph-]

Does my wife need one? She has no assets, other than the house which is already legally half hers (so I assume would become completely hers on my death without having to go through probate as part of my estate and vice versa?). I am named on her pension.

[Bri w]

Does my wife need one? She has no assets, other than the house which is already legally half hers (so I assume would become completely hers on my death without having to go through probate as part of my estate and vice versa?). I am named on her pension.

-Ralph- I'm not the expert. I can vaguely remember my Dad telling me what the Solicitor said when he was drawing up the original Will. "What happens if you die in a car accident, and your wife is seriously injured and dies a month later?"

I don't know the answers but its a question I'd want answering by an expert, or alternatively get a Will then its covered...

[davepreston]

ralph mate id put it simply as this, if its there no one can mess about, not family ,not the goverment ,no one

simply have when i die A goes to mr bloggs , B goes to mrs smith, if a is dead all goes to b and vise versa

now hands off greed goverment or out for themselves family

its a difficult time for those left behind so make it easier in any way you can, and a will just makes things easier and as said easy enough to do

hth

[Bri w]

ralph mate id put it simply as this, if its there no one can mess about, not family ,not the goverment ,no one

simply have when i die A goes to mr bloggs , B goes to mrs smith, if a is dead all goes to b and vise versa

now hands off greed goverment or out for themselves family

its a difficult time for those left behind so make it easier in any way you can, and a will just makes things easier and as said easy enough to do

hth

Spot on Dave, couldn't put it better. Your fee is in the post

[Lou M]

Mr Lou and I have had a will for a while, as we were aware with not being married how complicated it could be.
After Mr Lou's Dad died we went and changed ours straight away, so that the solicitor would handle everything, not the executors, as he had found it too stressful, you have enough to deal with when losing a loved one.

[Ruffy]

Does my wife need one? She has no assets, other than the house which is already legally half hers (so I assume would become completely hers on my death without having to go through probate as part of my estate and vice versa?). I am named on her pension.
I think automatic transfer between spouses depends on how the house is held: "joint tenants" or "tenants in common".

Also consider the chain of events if you were both killed in the same incident e.g. car crash, plane crash on hols etc. Even worse if you add your son into the mix. It isn't that improbable. Apparently in such situations the youngest died last ...

Sadly just a couple of the points I have picked up through dealing with both parents' and some grandparents' estates over the years and taking advice on my own situation.

It can be a complex area, but it can also be simplified somewhat. You need professional legal advice.

[hongman]

I have thought about a will for a while now.

Thing is, I'm still young at 26, and I have no assets. Even my bike is not really "mine" til I have paid off my loan (even though I loaned the money from my own ltd company)

Not married either, after 9 1/2 years.

So bit pointless getting one now?

[Ruffy]

its a difficult time for those left behind so make it easier in any way you can, and a will just makes things easier and as said easy enough to do


Spot on Dave, couldn't put it better. Your fee is in the post
+1. As DP says, it's difficult enough as it is dealing with a loss. However my experience is that there is some comfort (however small) to know that the deceased put some effort into plans to make things easier for those left behind.

My rule of thumb was simple:
Q: Do I want the state getting it's grubby mitts on any more of my estate than it was entitled to?
A: No!
Conclusion: Avoid intestacy rules by getting a good will drawn up.

(BTW, I'm not squeaky clean - I still need to update my own due to change in circumstance.)

[yorkie_chris]

Once mini owenski is here it'll be a priority task.

Yeahyeahyeah you're full of crap.

Once mini owenski is here priority tasks will be changing nappies, trying to get any sleep you possibly can.

So do it now :)

[dizzyblonde]

I made a will a few years back, it needs changing.

[punyXpress]

If somebody can explain to me why, and I find the reasons compelling, I'll go get it done without delay, but "yes" isn't convincing me to rush out to a solicitor.
Think this has been covered, but one thing you ( and others ) might consider is guardianship of your son and how their expenses on his behalf may be dealt with.

[L3nny]

Not read all the thread but I used to work for a will writing company when I was about 20 and writing one yourself is very easy. Also remember that a will is not legally binding it is simply your wishes. Anyone who want's to contest the will can and if they have a valid argument usually win.

the company I worked would write the wills over the phone using a template and 90% of them just followed the template.

If all you want to do is look after your wife and kids and you don't make a will that's what will happen anyway especially if you have a joint mortgage and not too many assets. Most of the time it would take 10 minutes to write and 15 mins to be checked over by the companies solicitor so if you are paying £100 or more and don't have any specific or comlicated clauses in there you are being overcharged.

The only time making a will is vital is if you have a lot of assets and you want someone other than your immediate family to get it. i.e. you own your house outright youself and live with your girlfriend and want her to live there after you die.

Be careful of adding a solicitor as an executor on your will as they will charge a lot to look after the estate and usually don't do much unless there is a problem. Add your best friend or close family member as your executor and if they need help they can always ask a solicitor later.

I don't have a will myself as I am worth about 50p and have no kids.

[embee]

It was explained to me that it's generally not a good idea to have a solicitor as executor as said above, it can last as long as it takes and while there are funds in the estate they'll get paid (unless a solicitor would like to spell out the folly of that statement). Friends/family can ask for help if needed as said.

Partners living together with no formal marriage/partnership must get wills writen pronto. If one dies the other is entitled to zilch, even if they've been together for 30yrs.

Even if you think you have little or nothing, just get a will which says everything goes to person X. At least you are not intestate. Person X can then do what they want with the little you leave.

[kellyjo]

Hmm.... now who shall i leave all my debts to??:p

[Dicky Ticker]

I appreciate nobody being flippant over this subject but many good points are being raised.Ralph,one of the problems I am having is part is to be held in trust[WHAT WOULD HAVE BEEN HIS MOTHERS SHARE] for a grandson till he is 21 and who is responsible for that trust.
When the estate gets into the inheritance region and tax is involved,this is the total assets House,monies,contents,assets,cars,bikes and insurance it becomes more complex With valuations for the probate
If consideration and advice is given beforehand it becomes much simpler.
I personally don't have a complicated will and as far as Lyn is concerned it is a mirror will but it is not just my wishes it is our wishes with regard to disposal of our estate.
Like many I thought it very simple to deal with but am amazed at the problems that can exist

[-Ralph-]

OK, thanks, will get it done

[fenjer]

I really should get a will written, the custody of my small person being the most pressing concern should anything happen to me. Under no circumstances would I want her to go back to her biological father who has not seen her since she was 1 year old.

I've heard conflicting advice on the matter, some say that the will wouldnt matter if he was the only surviving next of kin... Others say the will would stand up. And then there is the Scottish Law vs English Law thing as well. I dunno. I guess I need to speak to someone about it.

[timwilky]

Making a will does indeed make it far easier for those who need to sort out your affairs.

When my brother in law died 2 years ago, he was so angry that my wife and I had "forced him" into making a will. He didn't want to do it despite us telling him for over 10 years to do it. It got so bad that we took him to the solicitors to make it, but he never went back to sign it.

When he was diagnosed terminally ill, we actually got the solicitor to visit him in hospital to get it signed.

He had a complicated requirement, he had a step daughter and step grandkids from a former marriage that he wanted to leave money to as well as my eldest daughter. Non of these would have received a penny had he died intestate. Instead those individuals received the bulk of his estate, much to the annoyance of his grasping sisters. He wanted to leave a note saying how to divvy up his stuff. He would not accept that this was worthless.

Think about it people, for the sake of less than £100 you get things sorted. Also FFS tell the people you want to be executors where your will is.

[embee]

Just to add, I elected two friends as executors basically to keep it out of the family, friends I've known well for 30 odd years. Not that I have a problem with my family, but the principle was that they don't live anywhere near any family members and can basically say "this is the way it is, full stop." and it can't really cause any disputes between family members like it could if any of them were executors.

My will is pretty simple, but I wrote quite detailed letters to my executors and had them both round for an evening and we went through it so they could understand where I was going with it. I also made it clear that ultimately as executors it was up to them, and I knew they would "do the right thing" even if it departed in some way from what I'd written.

[Jimmy2Feet]

Only just seen this thread, As some of you may know, i am a mortgage broker, and it is REALLY scary how many people come in to me on a daily basis almost who do not have wills. I would say that probable around 15/20% it is a massive thing to have. Intestacy rules can be a headache and a half for people involved, and as has already been said if you are not married the partner is entitled to nout! and in fact if you are married that doesn't mean that everything will go to husband/wife, there is a long and complicated route that is followed with children etc etc that can mean money is spread out in the way the law states and not how you would like them to be.

It has also been said on here that someone was thinking that they need insurance? again DO IT!! some people will also know that i had cancer when i was 19, and a very good friend of mine had a heart attack when he was 21, if that doesn't show you that still being young and healthy means that "it wont happen to me!" is a load of tosh then i don't know what will.

and the younger you are the cheaper it is!!!

If anyone wants me to talk them through anything don't hesitate in sending me a PM, i am able to write Wills, as well as sort out life, critical illness, income protection etc etc so don't be shy, and make sure that you are adequately protected, even if you don't own your own place yet. I wish to hell i had the for-sight to have taken out £100k critical illness cover when i was 18, as then i would have been given a nice birthday present to go along with the caner diagnosis the week following my 19th bday!!








p.s. Sorry for the heavy msg, but it means a lot to me!

[G]

I need a will... I work in one of the most high risk industries going, I ride a motorcycle and I don't exactly lead a healthy life.

The solicitor I always use qoute £250 and I thought **** that. It's a bit of paper that will say everything goes to my girlfriend Kerry... job done. How can it possibly cost £250, they probably even have it in draft so just the names need changing. Got a qoute elsewhere and they were over £200 too.

[kitkat]

i dont have a will and dont really feel I need one. I dont own any property. My only concern would be my kids. My eldest 2 live with me and partner but see their biological dad monthly. My youngest is my partner's child and he has parental responsibility. I have life insurance, one payable to my kids and one to my partner. I have no assets or debts. Im an only child. Dont see any benefits to having a will in my case. If anyone knows different - let me know

[busasean]

I have a will, commuting 45,000 + miles per year in both car and on a bike made me think. Although I've been with my other half for 17 years, I'm not married so everything would have gone to my NOK which is my father who I havent spoken to in over 10 years. so everything goes to Jenny including insurances, the house my car, bikes etc.

Less worry for her and everything where I want it..

[Jimmy2Feet]

I need a will... I work in one of the most high risk industries going, I ride a motorcycle and I don't exactly lead a healthy life.

The solicitor I always use qoute £250 and I thought **** that. It's a bit of paper that will say everything goes to my girlfriend Kerry... job done. How can it possibly cost £250, they probably even have it in draft so just the names need changing. Got a qoute elsewhere and they were over £200 too.


That is very expensive for a will, that is the down side of using a solicitor to write the will for you. solicitors are very good at dealing with legal issues, however when it comes to the smaller things, on the whole it is a waste of there time, so they charge the higher money.

i can do it for £140.

Send me a PM if you want to talk.

[-Ralph-]

i dont have a will and dont really feel I need one. I dont own any property. My only concern would be my kids. My eldest 2 live with me and partner but see their biological dad monthly. My youngest is my partner's child and he has parental responsibility. I have life insurance, one payable to my kids and one to my partner. I have no assets or debts. Im an only child. Dont see any benefits to having a will in my case. If anyone knows different - let me know

Do you want your older two to stay in Adam's custody if you died, or would they go back to their father? From what I've learn of it since this thread was started, this can be an issue. Sure someone who knows better will be along to expand on this.

I'm going over to my sisters tomorrow to see her will and figure out what it says about me and my wife having custody of my niece and nephew.

[stewie]

I'm getting mine done pretty soon, but mines free, if you're with the GMB you can get your will made up for you by a solicitor paid for by the union.

[kitkat]

Do you want your older two to stay in Adam's custody if you died, or would they go back to their father? From what I've learn of it since this thread was started, this can be an issue. Sure someone who knows better will be along to expand on this.

I'm going over to my sisters tomorrow to see her will and figure out what it says about me and my wife having custody of my niece and nephew.

well becky is now 18 so she can decide herself. connor is 14 and I would be happy for him to decide. doubt his dad would want custody, but yeah I suppose that is something that I need to think about, dont know if a will would help though. If I wanted him to stay with Adam, his dad would be able to dispute it anyway as Adam does not have parental responsibility.

[Dicky Ticker]

Adam doesn't have any reponsibility[sorry]:D

[Balky001]

I had my and my wife's wills updated last year as circumstances do change. There's always a reason for putting something like this off and the expense but it really is worth doing properly, especially if you have kids. Even over 18's, there can be disputes in to what peoples 'last wishes' are unless contained in the will (which isn't always legally binding but can be persuasive).