Free and Cheap Wills discussion area

Malthusian

Knock on your neighbours' door? Seems like a good excuse to meet them. They don't need to know you, just verify that you signed the Will while they were in the same room.

If that's not a possibility, a local solicitor's was my first thought, but they may refuse to witness a Will downloaded off the Internet for obvious reasons. Your bank or something like Citizen's Advice would be my next thought. Or walk into a pub and offer to buy two people a pint if they will act as witnesses (assuming you can stretch to £6-8).

You need someone willing to take a common sense approach and spend five minutes signing a form without going "That will be £100 please" or "Argh form scary no", so a police station would be way down my list.

I'm making the will myself with a template so we can't ask someone in the lawyer's office to do it (I know this isn't ideal, but we're very poor and can't afford to do otherwise).

It's still Free Wills Month if you're over 55.

Do you have a bank account in joint names? If you have minimal assets then ensuring the survivor can access what money there is with the minimum of hassle is more important than a Will. Joint accounts are automatically inherited by the survivor so they don't lose the money if you make a mistake with the Will.

pff

Thanks Malthusian, excellent ideas all round. And really good point about a joint account - I'll look into that.

Martinm577

Hi not sure if I’m in the right place but would like some advice. Basically my mum died when I was ten I’m not 62. Mum and dad had bought the family house together. When she died me and my siblings moved in with our mums sister just down the same street. Dad remarried but always stated that the “HOUSE” was ours when he died. He died in 2011 and his will basically said that the house and contents etc was left to me and my siblings but we had to let his wife live in the property right to occupy until her death or she no longer lived there and then the right to occupy clause would end. He then left everything else to his wife. She died last year so we are going through probate and the wife’s niece was left all my stepmothers money and obviously my dads but that’s fine as we were left the house. Now the niece wants a slice of the house either give her £100000 or she wants 25% of the house sale? My stepmother did not include her house in the will, she was on the land registry but with a restriction that I’ve been told makes them tenancy in common which is basically used to protect first marriages children from what rightfully theirs. What I want advice on is: because my stepmother did not include it in her will and because the house was basically my mum and dads is that her honouring my dads wishes and does the niece have a right to claim some money from the sale of the house.

Savvy_Sue

The answer is almost certainly "it depends". It depends what your dad's will said, primarily, and it depends how the house was owned.

I would start by obtaining a copy of your Dad's will, if you don't already have one, and I'd then check on the Land Registry to see who actually owns the house.

You may need some legal advice, if only to write a letter to this niece explaining in words of one syllable that as her aunt had no stake in the house, she is not entitled to any part of it. That's assuming the situation is as you describe it.

Martinm577

My dads will basically says I devise and bequeath my freehold property to my five children and that his wife can live there until either she moves or dies then the right to occupy clause shall end. Then he says his wife gets everything else basically and if she dies before him it goes to her niece. The land registry is named for both of them with a restriction and that was done in 1995 his will was 2009 same as hers and her will does not include the house at all

Martinm577

So although her name was on the land registry I think that was done for security for her and the restriction to protect our inheritance and she always said she would honour my dads will and she did not include it her estate. My aunt who’s my mums sister has the old mortgage payment book etc which can prove it was my mum and dads house. They owned other house in the same street and sold them and they also owned house in Ireland so she was well looked after and so has the niece been to be honest but greed is obviously setting in

Malthusian

Martinm577 wrote: »

Hi not sure if I’m in the right place but would like some advice. Basically my mum died when I was ten I’m not 62. Mum and dad had bought the family house together.

Did they own it is as tenants in common or joint ownership? If joint ownership then your Dad owned the whole house after mum's death regardless of what her Will said. If tenants in common then it depends on who she left her share to, which may have been your Dad.

I'm assuming for the rest of his post that he owned 100% of the house on his death one way or the other.

When she died me and my siblings moved in with our mums sister just down the same street. Dad remarried but always stated that the “HOUSE” was ours when he died. He died in 2011 and his will basically said that the house and contents etc was left to me and my siblings but we had to let his wife live in the property right to occupy until her death or she no longer lived there and then the right to occupy clause would end. He then left everything else to his wife.

While your stepmum was alive the house was held in trust, with your stepmum as the life tenant and the five of you as the remainderpeople to inherit the house on her death (or moving out). Who were the trustees? It is now their job to distribute the house to the five of you.

She died last year so we are going through probate and the wife’s niece was left all my stepmothers money and obviously my dads but that’s fine as we were left the house. Now the niece wants a slice of the house either give her £100000 or she wants 25% of the house sale?

She is trying it on.

Now that the life tenant has died the ownership of the house reverts to the remainderpeople, which is your dad's five children.

Being included on the land registry does not convey ownership. Your stepmother did not own the house. Only a life tenancy which has now expired. Now that it has expired the house belongs to the five of you. Even if her Will had mentioned the house, what her Will says is completely irrelevant. You can't bequeath what you didn't own.

Keep_pedalling

Martinm577 wrote: »

My dads will basically says I devise and bequeath my freehold property to my five children and that his wife can live there until either she moves or dies then the right to occupy clause shall end. Then he says his wife gets everything else basically and if she dies before him it goes to her niece. The land registry is named for both of them with a restriction and that was done in 1995 his will was 2009 same as hers and her will does not include the house at all

You need to take legal advice. It makes no sense that she was added to the land registry in 1995 but the will was not done until 2009. Far from protect you it has done the opposite, as based on what you say your father was not the sole owner from 1995 onwards.

bigpappa

Need to sort out a will for my parents within the next week. What are my options?

Parents are both retired and own their own home outright in fathers name. They both own investments. No debts. Been married for over 40 years.

So what is the best way to proceed?

Is it best to go for a will whoever passes away first the estate goes in full to the other or to pass it to children if either passes away.

Estate is less than £350k.

Savvy_Sue

Best option, phone a few local solicitors and get quotes. Make an appointment for your parents.

Why within a week?