Will queries.

forgotmyname

FIL asked us to pick him some of the DIY will kits for him and his wife.

We did this and he told us what he wanted put in them. I was putting it all on the computer so we could run through the details.
But when we went back he had already done them.

I just know they wont be worded properly and possibly not even signed for properly. His wife has dementia so is it possible for her to sign a will?

After looking after his affairs whilst he was ill a little while back I know he pays regular monthly payments for some sort of life policies.
They are in their early 80's I did wonder why he needed such things.
Should be enjoying their money.
It was mentioned it paid out on death and to use it for the funeral costs but funeral has been paid for with age concern, I think. His other daughter arranged that but she doesnt really talk to us now.

Owns no property. Less than 5k in the bank. Value or type of policies he has I cannot be sure.
Possible he has an ISA. His bank was healthier after I sorted his affairs out. Signed up to direct debits even though he pays before they are taken.

Will we have a problem do you think?

Please keep it simple for me.

Thanks

Savvy_Sue

His wife can't sign a will if she has lost the 'capacity' to understand what she is doing. She doesn't have to have 'capacity' all the time, but she does have to have it when she signs.

As for the rest, if you can't get your dad to get proper legal advice for his will, then it might be worth looking at what he's signed, with his permission of course, and working out how dire it's going to be ...

Savvy_Sue

BTW, I know this is a moneysaving site. However, there are some situations where there is no substitute for proper professional advice, and wills are one of them!

Hawkeye4aneye

So it is possible that your F-I-L's Will could be invalid as who knows if the Will was signed and witnessed correctly. This applies to your M-I-L's Will as well and that is even if she has the mental capacity to make one bearing in mind she has dementia.

I would see if you can ask a few questions of him about the Wills and how they were signed and witnessed. If you can find out who were the witnesses perhaps you could find out if they were signed and witnessed at the same time by each person being in eachothers presence.

You could always ask to put the Will's in a safe place for him.

Farway

All the above, plus just who are beneficiaries? If only close relatives, like divide equally amongst the children, and from what you say we are only talking 5k and no property here, so probate is not required then personally I do not see any problem providing beneficiaries agree not to make it a problem

pineapple

The wifes signature may stand but could be contested.
Other daughter not talking?
I smell a family rift.
He should have Power of Attorney (or whatever it is called now). That said some solicitors don't want to know if dementia is at a certain stage.
Your local Alzheimer's Society should be able to advise.
DIY wills are only suitable where there is no possible complication.

forgotmyname

Thanks for the tips. I dont really want to interfere too much. As far as i care if he left it all to charity it would be easier.
Initially he said he wanted the daughters to have anything that was left after any uneral costs and not the long lost son
who lives local and isnt lost but refused to want anything to do with him when he was taken seriously ill.

Thing is he calls them the girls.. If he wrote that would the girls be grand daughters from his previous marriages?

He has them safely in a locked draw. My wife knows where they are.

What is the limit for probate? Old fashioned family not very well educated so when he was taken ill i took control of
everything. Kept detailed receipts of everything. And as soon as he came out i handed it all back to him.

Even though i setup direct debits he still paid his bills weekly. Only now starting to leave it to the direct debits.

I feel so awkward. I dont want to start treating him like a child. But he is getting a bit forgetful himself. Changed
doctors appointments because he thought they clashed with the holiday we are taking them on. But had got the
wrong month.

Family rift... Well the other daughter had a moan with my wife the day the FIL came out of hospital and we have not spoken much
since. Phone to arrange stuff she says she will call back but never does.

Me personally i can do without the hassle. Not being nasty but we dont want to be their full time carers with no lives of our own
when he has 2 other daughters to help out.

Sorry to waffle on but i like to know whats what.

Thank you all.

dzug1

forgotmyname wrote: »

Thing is he calls them the girls.. If he wrote that would the girls be grand daughters from his previous marriages?


What is the limit for probate? Old fashioned family not very well educated so when he was taken ill i took control of
everything. Kept detailed receipts of everything. And as soon as he came out i handed it all back to him.

.

If he calls them 'the girls' in the will it has the potential for disaster if someone decides to assert it means something different to what he meant - assuming anyone knows what he meant.

Probate is whatever it takes - though traditionally the executor has a year before anyone is entitled to start prodding him.

Farway

A family rift sounds to me like the only ones to benefit will be a solicitor in the long run

More about probate here

Depends who is named as executors, if it is not OP or close relative then as forgotmyname implies, it really is not worth the hassle for the sum involved, just walk away and leave it to the executor to sort out, and after funeral costs there will not be much left to argue about, or even pay a solicitor

forgotmyname

The executors.. Well he told my wife where the wills are being kept... I doubt he named any.

Thanks for the link to the probate bit i did not know it was so complicated. I thought a family member
would write to the bank & insurance companies and supply a copy of the death certificate and then
they would arrange to share any assets. Seems to apply is passing everything onto the living partner.
But if he passes on 1st and her dementia has gotten worse in that time. She cannot take care of herself.

Not so simple then.

I know i will end up dealing with most of the arrangements, But the financial side i think should be sorted
by the older daughter. The one who seems to be avoiding us. But i dont want to be left in a position where
they expect us to pay for everything and get the money back later. I doubt we could afford to.

If you think of anything else please keep posting.

Thanks