Writing your own will

honeyD

Spoke to Gran tonight and said she should have her solicitor look it over and explain the terms to her so she knows if she has to change it but she wants to change the executor is it? The one who sorts everything out anyway, so she will have to make a new will anyway I think. She is off to see a solicitor tomorrow to sort it out.
Thanks for the help everyone.

margaretclare

Willman Rodders has explained this very well BUT when Gran went to have her will drawn up she would have had the opportunity to read it before signing it. (NB: Surely we all know from way back: never never never sign anything, and especially not a legal document, if you haven't read it and understood it?) You say 'it's in gobbledegook'. No, it isn't, as Willman has explained, there are reasons why it is written as it is, and had she asked the solicitor at the time what it all meant, the solicitor would have been obliged to explain it to her. She had the power NOT to sign it and not to pay the solicitor's bill, until it was all explained to her satisfaction.

Biggles

honeyD wrote: »

Spoke to Gran tonight and said she should have her solicitor look it over and explain the terms to her so she knows if she has to change it but she wants to change the executor is it? The one who sorts everything out anyway, so she will have to make a new will anyway I think.

Er, so (purely out of curiosity) who was the executor? The sons or the solicitor?

honeyD

Biggles wrote: »

Er, so (purely out of curiosity) who was the executor? The sons or the solicitor?

Im not sure what it said in the will about it but I assume it was the sons because thats what she wanted, them to sort everything.

honeyD

She got a price from a local solicitor: £85 + VAT. Is that good or?

Biggles

£85 doesn't sound bad. But does she need a new one? You said the sons were her executors and that's what she wanted - or have I misunderstood?

honeyD

Biggles wrote: »

£85 doesn't sound bad. But does she need a new one? You said the sons were her executors and that's what she wanted - or have I misunderstood?

Sorry I may have confused you. She has 2 of her sons listed, she wants to change it and have a different son listed and those 2 removed. They were only listed as she was told to choose those who lived closest but now the other son does too and the others well.. they visit very rarely and are never there to help if she needs it so she doesnt feel she can rely on them.

margaretclare

I think the price quoted is about the going rate.

Please impress on her the need to READ it this time and, if there's anything at all that she doesn't understand/doesn't like, make sure it is all to her liking before she puts her signature to it!

Biggles

honeyD wrote: »

Sorry I may have confused you. She has 2 of her sons listed, she wants to change it and have a different son listed and those 2 removed. They were only listed as she was told to choose those who lived closest but now the other son does too and the others well.. they visit very rarely and are never there to help if she needs it so she doesnt feel she can rely on them.

You might suggest to her that she lists all three, with the main one listed as the 'sole executor' and the other two as reserve executors.

It's always wise to name more than one executor; this is so that, if anything should happen to the main one, or if he couldn't carry out the duties for any reason, it doesn't lead to any unnecessary complications.

honeyD

Biggles wrote: »

You might suggest to her that she lists all three, with the main one listed as the 'sole executor' and the other two as reserve executors.

It's always wise to name more than one executor; this is so that, if anything should happen to the main one, or if he couldn't carry out the duties for any reason, it doesn't lead to any unnecessary complications.

Hm, I didnt think of that.
There are very valid reasons why she doesnt want them on, Im not sure if she would want them as her "2nd or 3rd" really. I will tell her though that this should be something she will think about and see what she says. Could there be any complications if she put her daughter in law?