Writing your own will

taliesin

The plain english wills guide is well worth a read. It shows what a clear will should look like. Why sign a document full of goobledigook that you don't understand (the sort of thing quoted by the original poster) when so much is at stake? This is solicitors trying to make work for themselves - don't put up with it.

The examples are just that - examples, not templates - so the document doesn't tell you how to write your own will.

Unfortunately, it has gone missing from the plain english website. However I managed to find a copy in Google's cache. A bit complicated, but you can find it by searching on Google for "plain english willsguide". The Plain English Society comes up as the third entry for me. Now (important!) don't click on the main entry - click on the "Quick view" link on the second line. This will lead to the copy in Google's cache. If you want to save a copy, use the "print" button, which will bring up Acrobat Reader; cancel the "print" function and you can save from there.

For what it's worth, my brother and I recently acted as executors to my father's will. Although drawn up by a solicitor, it was in clear language. No problems at all.

HTH

margaretclare

What I cannot understand about all this is: Gran had a will professionally drawn up by a legitimate firm of solicitors. A comment early in the thread about 'the company can come in and take everything from the house to sell which obviously isn't what she wants...'

If it wasn't what she wanted why did she put her signature to this document? Why did she not say at the time what it was that she wanted and didn't want?

Normally when you go to a solicitor's there is a discussion, the solicitor may make notes about what you say you want done, or you may (as we did) take a rough draft for the solicitor to word properly. The reason for all this is: it is your will! Your last wishes. You won't be there to see them carried out, so it is important that the wording is correct.

So Gran has had this will for some time, signed it, said it was OK, paid the solicitor's bill, and went home thinking 'I don't like this, I don't want it'. So why did she not go straight back and put these concerns to the solicitor who drew up the will? And to say things like 'the company can come in and take her things to sell...' sounds as if they're bailiffs or similar! Often, turning everything you own into cash - except for items that you specify - and then distributing the cash among your beneficiaries, is the simplest way of dealing with it all.

grannyjo

I received an amail back from the plain english society and they are updating the guide. Googlr plain english society or contact as below for more details.



[EMAIL="tony.maher@plainenglish.co.uk"]tony.maher@plainenglish.co.uk[/EMAIL]

Willman_Rodders

taliesin wrote ...

The examples are just that - examples, not templates - so the document doesn't tell you how to write your own will.

As taliesin wrote these examples are examples of clear English; they are not (or at least I hope they are not) example wills. In each case the executors would have problems discharging their duties - and the gifts to the charity (example 1) and church (example 3) could fail. These could prove expensive wills at the time of death.

Ironically they give definitions at the start of each example will - in some cases redefining words that have existing standardised meanings in Law - but overlook one of the most important ... the definition of children.

Pee

If you want to save money getting a will done, there are two very good schemes - one run by the Institute of Cancer Research and one by Cancer research UK. They offer to pay the bill for your will, in the hope that you leave them something in the Will. There is an a minimum age of 50/55.

This is a good option if you own a house but have very little income and could leave £1,000 plus to them when you die but would struggle to pay for a Will to be written now. If you did not intend to leave them £1,000 plus then the scheme won't be of benefit for very worthwhile charities, so I suggest you don't use it.

honeyD

margaretclare wrote: »

What I cannot understand about all this is: Gran had a will professionally drawn up by a legitimate firm of solicitors. A comment early in the thread about 'the company can come in and take everything from the house to sell which obviously isn't what she wants...'

If it wasn't what she wanted why did she put her signature to this document? Why did she not say at the time what it was that she wanted and didn't want?

Normally when you go to a solicitor's there is a discussion, the solicitor may make notes about what you say you want done, or you may (as we did) take a rough draft for the solicitor to word properly. The reason for all this is: it is your will! Your last wishes. You won't be there to see them carried out, so it is important that the wording is correct.

So Gran has had this will for some time, signed it, said it was OK, paid the solicitor's bill, and went home thinking 'I don't like this, I don't want it'. So why did she not go straight back and put these concerns to the solicitor who drew up the will? And to say things like 'the company can come in and take her things to sell...' sounds as if they're bailiffs or similar! Often, turning everything you own into cash - except for items that you specify - and then distributing the cash among your beneficiaries, is the simplest way of dealing with it all.

Long story short if I can: Gran had the will done in 2002, she didnt have any idea it said in the will that they would sell her stuff. It is all in gobbledegook after all!
She gave the will to a family member who has since fallen out with Gran for the most stupid reasons so Gran got it all back and my Dad had a read through it for her and he noticed it, no one else had seen the will before this. If she had known it was there at the time she would have questioned it.
If you are uneducated about wills, you dont understand all the gobbledegook they write, it doesnt make sense to a normal person really!

She is in her 70s now so just wants to get everything sorted and in order. She knows some of what she wants so I will discuss this with her when she comes to my home in a few days. I have already discussed with her about me helping write the will and Im not sure I can do it well enough so I said she should go to a solicitor and see them about it so that it is done properly. It was just an idea for her to write her own rather than pay a fortune to someone else when you can pay less than £1 for a will you fill out yourself. But I agree, its not something that should be scrimped on.

Biggles

You may find there's not a problem, to my mind the (slightly garbled) version of the wording seems just to indicate that the executors will look after everything, which is normal. And, as Sagalout said, it looks as if her sons are the executors.

Willman_Rodders

Just returning to the wording of the clause ... I hope this helps.

The clause to which you refer is the 'residue' clause. This is a 'catch all' clause that distributes the remainder of the estate. The clause is in a traditional' format (as opposed to a 'modern' format - where we use grammar and modern language, which is 1000 times more easier to understand). What the will does is give the remainder of the estate to the executors/trustees (to be held in trust) and directs them to then distribute the residue. So ....

'I devise and bequeath' - is the same as 'I give';

'all my real and personal estate and effects' - refers to all the remaining assets of the deceased e.g. property, money, beneficial interests etc. this tries to catch all assets not already disposed of in the will;

'to convert the same into money' - this is the power to sell the assets. There is in Law an implied power to sell property (i.e. bricks and mortar), but this does not extend to personal chattels(i.e personal belongings). this clause extends that power to personal chattels;

'with power to postpone such sale calling in and conversion there for' - As with the power to sell property there is automatic power to 'postone the sale of property'. This clause extends that power to defer the sale of personal chattels. 'Calling in' is asking for money due to the estate, and 'conversion' is converting an asset to cash. so an executor can cash in all assets, some assets, or choose not to do so.

'as long as they [the executors] shall in their absolute discretion think fit' - this overrides the statutory time limits that applies to certain sales, giving the executors time to sell when the price is right e.g. a property in todays market might be best deferred until the property market improves. This is often a difficult task for the executors/trustees; on the one hand they want to get the estate sorted out as quickly as possible, and on the other they want to maximise the value of the estate. Executors/trustees have a duty to sort out an estate as quickly as practical.

'with out being liable for loss' - this gives protection to your executors.

'OUT of the clear monies to arise from such sale calling in and conversation as afore said and out of my ready money' - this refers to the net sale proceeds and cash;

'my trustees shall pay or provide for my debts funeral and testamentary expenses' - is a direction to the executors/trustees to pay funeral costs, taxes, other debts

'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.' - this now confirms that what is left after funeral costs etc is the 'trust fund'.


'IN TRUST as to both capital and income' - this reaffirms that the trust fund is held in trust, and confirms the distribution refers to both the trust fund, and (importantly) any income the trust fund accrues in the future.

'for my sons <names> as shall survive me' - this stipulates the main beneficiaries of the trust fund are the deceased's sons (not daughters!)

'and if more than one in equal shares absolutely' - and clarifies that if there is more than one son alive then the trust fund is to be shared equally between them.

'and in the case of my said sons <names> independently of their respective offices of executor and trustee of this my will.' - this [I think] is to clarify that the where the sons are executors to the will this gift is to them in person, rather than to them as executors/trustees.

The above is a fairly standard residue clause.

I am puzzled by the executors; are they the sons - as implied by the residue clause, or this legal firm. if you look in the will you should see a clause appointing specifically executors to the will.

Hope the above helps.

Ooops - my post has crossed with Biggles.

Biggles

Willman_Rodders wrote: »

Ooops - my post has crossed with Biggles.

Not to worry, yours was vastly more comprehensive!
;-)

localhero

Err, thank you Willman.

In other words, the executors have a duty to pay for the funeral, debts and expenses of administering the deceased's estate.

In order to do so, they may - but don't have to - sell anything that belonged to the deceased.