probate still needed although will was made

Valli

zaksmum wrote: »

And if you do, would a "Last Will And Testament" DIY form from the Post Office suffice? My own affairs are simple. If I go first, my husband gets everything, and vice versa. If we go together, our two kids get it all equally divided between them.

So need I bother with a will at all if everything has to go to probate anyway?

A will make sure your 'stuff' goes where YOU want it to and not to the Crown.

You don't say how old your kids are. What if you are both killed in an accident?

margaretclare

zaksmum wrote: »

Why does a deceased person's estate still have to go to probate even though a will has been made?

I'm looking at the Will Aid promotion this month whereby you can have a will drawn up free of charge by a solicitor in your area but you are "expected" to donate £75 for this service.

My uncle died recently and was meticulous about making his will...but still everything has to go to probate. This is causing huge distress for my auntie who says ALL estates have to go through probate if they involve sums over about £5000 (including your house).

I've since been told this is correct. So what's the point of having a will at all?

And if you do, would a "Last Will And Testament" DIY form from the Post Office suffice? My own affairs are simple. If I go first, my husband gets everything, and vice versa. If we go together, our two kids get it all equally divided between them.

So need I bother with a will at all if everything has to go to probate anyway?

There seems to be a lot of confusion here.

A will is made, the person who made it dies, and that will has to go to probate, to be 'proved' which is what the word probate means.

If you don't make a will you die intestate, and that isn't the same thing at all.

zaksmum

Valli wrote: »

A will make sure your 'stuff' goes where YOU want it to and not to the Crown.

You don't say how old your kids are. What if you are both killed in an accident?

My kids are grown up now, Valli...30 and 37, so if we both get killed in an accident they wouldn't need looking after or anything like that.

Neither my husband or myself ever married before. We have been married best part of 40 years and there are no kids from other relationships.

dzug1

zaksmum wrote: »

So would a DIY will form from the Post Office, correctly witnessed and filled out do the job?

Well yes. As long as you don't try to imitate legal phraseology you don't understand in it.

Except I've never seen a Post Office that sells these forms. It's definitely not one of their official functions and they can't order them along with the stamps and air mail labels. I wonder why the phrase gets bandied about so often?

zaksmum

I did actually pick up a couple of Last Will and Testament forms from my local Post Office. If the PO sells stationery it will also usually sell the Will forms.

Apparently they are the same forms you would get from a stationer's shop or office supplies place. They include a guide to assist you with filling them in and are reasonably simple.