Free and Cheap Wills discussion area

Savvy_Sue

Agree with the above: I have never understood the reluctance to allow a photocopy of passport etc to be made. I have to check Right to Work at work, AND retain proof that I have done so. Easiest way is to take a copy of the photo page in the passport. If you need to produce your passport, a photocopy won't do - so how can the photocopy be misused?

dugidee

Thanks to those who have given advice......am going to go with the flow, and agree to the copying. Thought it would now be straightforward, but apparently not!
Have had a preliminary chat with two local solicitors, but have been given differing advice!
One recommends, quite strongly, firstly changing ownership of our house to tenants in common, in order to avoid possible future care home costs. Putting this to the second solicitor we approached, we were told that this would constitute 'deliberate deprivation of assets', and was not recommended! Why is life never simple?

DCFC79

Ive been asked to do a will for a relative, its very simple what it needs to say, anyone have any tips ?

Savvy_Sue

By 'do a will', do you mean write it for them? If that's the case, the only advice must be to advise them to visit a solicitor and pay for the job to be done properly.

DCFC79

Savvy_Sue wrote: »

By 'do a will', do you mean write it for them? If that's the case, the only advice must be to advise them to visit a solicitor and pay for the job to be done properly.

Thanks Sue

Yes I aas asked to use a template but I cant for the life of me find 1, well I found a template but it went on for pages and seemed OTT. Its a simple will I need eg on death of person Y any money goes to person X and if that person dies before the other sibling then it all goes to the sibling.

Do you know what woukd be a fair price to pay to do something like that ?

Optimist

DCFC79 wrote: »

Thanks Sue

Yes I aas asked to use a template but I cant for the life of me find 1, well I found a template but it went on for pages and seemed OTT. Its a simple will I need eg on death of person Y any money goes to person X and if that person dies before the other sibling then it all goes to the sibling.

Do you know what woukd be a fair price to pay to do something like that ?

WH Smith do a basic DIY will kit, but on your head be it and the usual advice is to see a solicitor as they are the experts.

You would need to ask your local solicitors for the price they would charge as it will vary. For what you require expect it to be between £100 to £200 excluding VAT.

Savvy_Sue

Optimist wrote: »

WH Smith do a basic DIY will kit, but on your head be it and the usual advice is to see a solicitor as they are the experts.

You would need to ask your local solicitors for the price they would charge as it will vary. For what you require expect it to be between £100 to £200 excluding VAT.

But for that you ALSO get the peace of mind which comes from knowing that person won't leave an invalid will behind which maybe you will have to sort out ...

Lost_old_lady

My husband is only relative and executor to his late uncles will. The estate (mainly a house) is to be sold and divided amongst the beneficiaries, (in declared percentages) three of whom are charities. When we collected the original will, the solicitor advised we contact the relevant charities when we have an offer on the house to let them know. We were shocked to find out that these three can (and have been known to) reply that it is not enough!!!
As executor and only relative does my husband have any control?

Keep_pedalling

As executor your husband has a duty to maximise the amount the beneficiaries receive and that should be the case for all beneficiaries whether they are charities or not. Charities also have s duty to maximise revenues so they are going to particularly concerned that the property is sold for a fair price. If for instance the house was valued at £250k for probate and was sold by the executor for £200k they would be right to question it and they have the right to pursue an executor for any losses.

He should get a professional valuation on the house, one done by a RICS surveyor not an estate agent. If offers are received at that value or over then it should not be a problem, but if it fails to sell easily no offers below that value should be accepted without the prior permission of the beneficiaries unless you want to get sued by them.

Yorkshireman99

Keep_pedalling wrote: »

As executor your husband has a duty to maximise the amount the beneficiaries receive and that should be the case for all beneficiaries whether they are charities or not. Charities also have s duty to maximise revenues so they are going to particularly concerned that the property is sold for a fair price. If for instance the house was valued at £250k for probate and was sold by the executor for £200k they would be right to question it and they have the right to pursue an executor for any losses.

He should get a professional valuation on the house, one done by a RICS surveyor not an estate agent. If offers are received at that value or over then it should not be a problem, but if it fails to sell easily no offers below that value should be accepted without the prior permission of the beneficiaries unless you want to get sued by them.

Valuation of house, or anything else for that matter is NOT a precise science. It is generally accepted that a variation of up to 10% is reasonable. There are all sort stuff of reasons the sale price might vary from the probate value so beneficiaries will have a big problem proving the executor liable for a sale value being less than the probate value and almost impossible if the property is auction with a realistic reserve. Beneficiaries cannot dictate what offer should accepted and at auction the open market value has been obtained anyway. On a more general point executors should resist any outside interference with the executorship. If the house was just being left to one beneficiary then the executor should just convey it as they have no remit to deal with the subsequent disposal of it.