Writing your own will

honeyD

Hi,
My Gran has asked me to help her write her will. She already has one but wants to make changes to it and there is a clause on it which means the company can come in and take everything from the house to sell on which obviously isnt what she wants to happen.
I am quite happy to sit with her and help her with wording, though not sure I can actually do the writing for her.
She has bought the will from the post office, cost something like 79p! Is this ok for her to use? Im sure it would override the other since that was written a while ago and this is new. What does she have to do with it? Does she give it to a solicitor or can she keep it in the house?
Im only in my 20s so never thought of wills very much so not really sure of anything to do with them to be honest so any help/advice would be greatly appreciated.

choille

If she writes last will & testament & this will supercedes all previous wills - I think that may cover it. Wills can be lodged at a bank - copies of it can be kept in a safe place. See what others say.

KittyBoo_2

Does it need signing and witnessing by someone independent from the family?

Biggles

honeyD wrote: »

She already has one but wants to make changes to it and there is a clause on it which means the company can come in and take everything from the house to sell on which obviously isnt what she wants to happen.

Are you sure about that? It sounds rather bizarre. What 'company'? Why would someone give permission for a third party to empty their house?

What exactly is the wording she is concerned about?

simpywimpy

As long as her affairs aren't over complicated then a self made will should be fine. It will need to be witnessed by someone not getting anything from the will itself.

tangerine2

When writing a new Will after writing your name and address start with the clause:

I HEREBY revoke all former Wills and testamentary dispositions heretofore made by me.

McKneff

What is this 'company' you have referred to

Mojisola

I thought the signing of a will needed to be witnessed by two people. They must not be beneficiaries.

It would be worth reading this -
https://www.which.co.uk/books-and-magazines/books/finance/wills-and-probate/index.jsp

Ask your library if they have a copy.

It's very easy to get it wrong with a self-made will so think seriously about paying out for a new one.

honeyD

The company is Freeman Johnson solicitors.
There is a lot of writing on the will so its hard to get which bit it is without actually seeing it, I just had her read some over the phone. Not sure if it is this bit or not:

I devise and bequeath all my real and personal estate and effects convert the same into money with power to postpone such sale calling in and conversion there for as long as they shall in their absolute discretion think fit with out being liable for loss
OUT of the clear monies to arise from such sale calling in and conversation as afore said and out of my ready money my trustees shall pay or provide for my debts funeral and testamentary expenses and subject thereto my trustees shall stand posessed of such clear monies and ready money and all of my such parts of my estate as shall for the time being remain unsold herein after called my residuary trust fund.
IN TRUST as to both capital and income for my sons <names> as shall survive me and if more than one in equal shares absolutely and in the case of my said sons <names> independently of their respective offices of executor and trustee of this my will.

Im having her get my Dad to scan it so I can see what it all says and get him to point out the section which says about her items being sold.
Sorry about the quote, it was given over the phone so some words might not be right!

Errata

Are Freeman Johnson the executors ? If so, the will directs them to sell off everything and with the proceeds pay the funeral expenses and then the beneficiaries.

Biggles

If her solicitors are her executors (in the existing will), their fees are likely to far exceed the value of her house contents.

Rather than keep the will herself, she would probably do best to take it to the Probate Office, they keep them in a central office for a one-off fee of £15.