Panorama - Will Writers

dzug1

Savvy_Sue wrote: »

It would resolve it by moving assets back from the trust ring-fenced for the children into the surviving spouse's control.

!

Yes that's how - but why would a court set aside the rules of intestacy? After all they are intended to be the guide as to what is a reasonable outcome.

Savvy_Sue

dzug1 wrote: »

Yes that's how - but why would a court set aside the rules of intestacy? After all they are intended to be the guide as to what is a reasonable outcome.

But if the children are young, is a 'reasonable outcome' of intestacy that the family home has to be sold because the wife has not been left a way of paying the mortgage?

Actually, I thought that a well set up trust could be used to finance a home for children, but perhaps in intestacy there is not enough discretion for this?

I don't know what the size of the estate was, of course, but I'm guessing it was just over the amount which would all pass automatically to the wife, rather than megabucks. So she was left with half (I think), which just wasn't enough. Presumably her solicitor's advice was to get the whole estate and use it to provide for the children while they were growing up, rather than live in penury because half was inaccessible to her, and only accessible to the children once they reached 18.

Oldbiggles

Quiet_Life wrote: »

It is repeated at 01.10 this Friday BBC 1

Thanks I'll give it a look.

dzug1

Oldbiggles wrote: »

Thanks I'll give it a look.

It was LAST Friday I think

WhiteHorse

You can use a preprinted Will pack purchaseable from stationers, but only if your Will is going to be very straightforward.

For anything else (trusts for instance), always go to a solicitor. They cost more, but it'll be right. They also normally store your will securely for free thereafter, which is quite useful.

Errata

WhiteHorse wrote: »

You can use a preprinted Will pack purchaseable from stationers, but only if your Will is going to be very straightforward.

For anything else (trusts for instance), always go to a solicitor. They cost more, but it'll be right. They also normally store your will securely for free thereafter, which is quite useful.

No they don't. Anyone wanting to store their will in a secure place can do so by placing it with the Probate Office for a one off fee of £15.

dzug1

Most solicitors WILL store a will free of charge - provided they have made it. They may require to have been named executor as well.

thistledome

roddydogs wrote: »

its if you want them to act as executor where the money comes in.......my solicitor charges £180 per hour, and cannot tell me how many "Hours" would be needed......

£180 per hour?? Is that a normal charge?

Anybody know if a similar hourly fee is charged in Scotland?

M.E.

Cutting a long sad story short, Dad died, Mum was executor in mirror wills. Brother did the legwork re probate.. all OK.
Mum rewrote her will with 2 children as executors. Drawn up by solicitor. all OK
Mum moved using the same solicitors. All OK.
Mum rewrote her will, using the same solicitors, 2 children as executors. All family knew about this will which was 3 years before she died.
Then within 4 months of her death (without 4 of the 5 children knowing), she re-wrote her will 5 times. It was a mess. Done by phone using the same solicitors who (as it turned out) just put hiimself down as executor. The last will excluded one son (not by name) and the one daughter who knew about the will was made residuary beneficiary.
This daughter would not talk to the family.
Excluded son was able to challenge the will, legally.
Four of the five children were taken to court by the solicitor who as executor tried to get probate.
Eventually a high court case, with four children doing their own legal work (solicitors cost).
The will did go through but with absolutely no costs awarded to the solicitor. This showed the solicitor to have made many errors in the will(s) and had not shown Mum had actually made him executor.

The solicitor was absolutely mortified that he had won the case but had not received costs.
HOWEVER... THIS IS THE IMPORTANT PART...
As Executor he was entitled to charge the Estate for getting probate.
So he did.
It wiped out the Bank balance (£60,000) that the one daughter would have got as residuary beneficiary.
MORAL
NEVER HAVE A SOLICITOR AS EXECUTOR.

Errata

MORAL
NEVER HAVE A SOLICITOR AS EXECUTOR

You've clearly had an unfortunate experience.
Many people appoint solicitors to execute their wills and the business is conducted in a professional and satisfactory manner. These people don't tend to write about their experience on internet forums.