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Need to make a will

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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pondskater wrote: »
    We are thinking of sorting out our wills and I had wondered about the ones you can write yourself, having seen them in a stationery shop. Our wills should not be too complicated but don't want any problems in the future. Any one with experience of these?

    Read up on wills and related matters in the Which? books - http://books.which.co.uk/products-page/finance/wills-and-probate/ - to get an idea of how things work.

    When you pay to have wills written, you are paying for knowledge of the law and should be given advice about different future scenarios that you might not think of.

    A poorly written will usually costs far more to sort out than paying out for a good one to be written.
  • Mojisola wrote: »
    Read up on wills and related matters in the Which? books - http://books.which.co.uk/products-page/finance/wills-and-probate/ - to get an idea of how things work.

    When you pay to have wills written, you are paying for knowledge of the law and should be given advice about different future scenarios that you might not think of.

    A poorly written will usually costs far more to sort out than paying out for a good one to be written.

    Thanks, will go and have a read.
    Haters are gonna hate - you're not obliged to participate
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    edited 14 January 2013 at 6:45AM
    Mojisola wrote: »
    Your step-sisters are the next-of-kin and their aunt had no right to take stuff away. In law, it's theft.

    The most important decision should be "who is looking after the children?" as they are under age, perhaps "auntie" is indeed their nearest blood relative?
    That said "auntie" has no legal standing until she has applied "to the court" and been granted letters of administration. Had there been a will it would name the executor(s) and they would be able to act at once - though if there is any significant wealth the executors have to complete accounts for all the wealth (and sort out the tax man) and submit these to get "probate" authorising them to distribute the wealth to the beneficiaries.

    "Which?" used to include instructions, in what is now their 3 books about all aspects of dying and leaving an inheritance, explaining how to write your own will [I did this for my mum and everything worked out OK] These days "Which?" recommends their own will writing service; it is probably OK for most people's simple arrangements.

    [My mother's brother got a will written by a local solicitor that turned out to be "partially intestate" which is the worst of both situations.]

    https://forums.moneysavingexpert.com/discussion/1164505

    Most solicitors will offer a cheap will and its free storage, because they hope to make their money when the estate is distributed - just make sure they don't automatically put their firm down as an executor. If the executor(s) needs legal advice when the time comes, they can always buy it then.

    Many will writers will recommend creating "a lasting power of attorney" at the same time - that can be a whole extra can of worms to research, before your jump in buying help to create it.
  • hethmar
    hethmar Posts: 10,678 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Car Insurance Carver!
    Having had some dealings with solicitors in the last few years - believe me there are some very very bad ones. In our case we were re-writing their letters because of the basic mistakes they made and the case dragged on for 5 years when it should have been settled in one. Anyway, thats by the by

    Point being, dont just go to Jo Bloggs solicitor down the road, check out their qualifications for advising on wills and probate.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hethmar wrote: »
    Having had some dealings with solicitors in the last few years - believe me there are some very very bad ones. In our case we were re-writing their letters because of the basic mistakes they made and the case dragged on for 5 years when it should have been settled in one. Anyway, thats by the by

    Point being, dont just go to Jo Bloggs solicitor down the road, check out their qualifications for advising on wills and probate.

    Good advice.

    It's why you should also read up around the subject so that you have some idea of what should be in the will and whether what you're being told sounds right.

    Also, check the wills very carefully. My parents signed their wills in the solicitor's office. It was only some years later that I looked at the photocopies they'd been given and realised that Dad had been given Mum's to sign and vice versa.

    If either of them had died before we discovered and rectified the mistake, the will would have been useless.
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