Another Diy Will Q? (probably)

forgotmyname

Trying to get the FIL to write a proper will. Rather reluctant.

He wont want to pay someone, Waste of money and all that. Share it between the family. He then suddenly said he had one and its all sorted.

Not signed, No witnesses, Worded so that family could be anyone, Children, Grandchildren, etc etc.

So we cannot get him to goto someone and he wont want them to come to him also. DIY seems the only way.

No house or car etc..

Savings = 1 ISA. £3500. Similar amount in the bank but this seems to be slowly going down.

£500 in premium bonds.

Minimal furniture i doubt anyone will want.

Easy enough for the DIY approach?

Name everyone he wants to split the money with. Any items he wants to goto someone to be listed.

Obviously signed and dates properly.

Any tips?

Thanks

Ms_Chocaholic

Do you have a will, is it simple enough? Could you just re-type that changing some of the details?

forgotmyname

The old will was utterly useless. As i mentioned not even witnessed properly.

I think it would have been better to say there was no will than try to present that to anyone.

It needs sorting properly this time. There is nothing of use in the old will.

They left everything to each other and upon both of them passing it would goto the family.. eek..

Anyone want to define family in a wills terms? Brothers/Sisters, Kids, Grandkids, Nephews, Nieces etc etc etc?

Are pets family?

Looking for tips on what to write about sharing the remaining funds after the bills are settles. What about furniture?

How do you offer the furnture and trinket items fairly?

A few personal items worth something, £500 in total maybe. He thinks they are worth more but i checked ebay for selling prices.

I dont have the heart to tell him how little they fetch. But sentimental value
is what they are.

Any tips?
Thanks

Ms_Chocaholic

Sorry you misunderstood me, not their old will, do you have a will that would be simple to copy.

Errata

Money = percentages left to named persons
Household and personal goods = individual items left to named persons which they can then do what they want with, remainder sold and money goes into the estate before disbursements
Pets = if they're related to the willmaker they're 'family', otherwise not
Will = signed in the presence of two witnesses who are not beneficiaries
Witnesses = sign in the presence of the willmaker
Estate settling = pay funeral costs first, debts second and what's left over as above

meritaten

ok - in first paragraph leave to spouse - if spouse predeaces then leave to children and name them.
any special bequests must be specific and to whom. other wise it can be worded as 'my estate will be divided equally between .................'
need at least one executor who can be anyone he trusts.
needs signature and TWO witnesses to signature - they don't need to be privy to the contents, just need to be there when he signs and puts their signature to that.
as far as I am aware that would make the will legal. and I witnessed many a signature when I worked for a solicitor who specialised in wills and conveyances.

Mojisola

Errata wrote: »

Money = percentages left to named persons
Household and personal goods = individual items left to named persons which they can then do what they want with, remainder sold and money goes into the estate before disbursements
Pets = if they're related to the willmaker they're 'family', otherwise not
Will = signed in the presence of two witnesses who are not beneficiaries
Witnesses = sign in the presence of the willmaker
Estate settling = pay funeral costs first, debts second and what's left over as above

And who are not the spouses of beneficiaries.

daska

To be honest there probably won't be much left after the funeral is paid for. Then, assuming he's renting, there will presumably be the notice period to pay plus any outstanding utility bills etc.

Personally I would suggest that with such a small sum he leaves any residual estate to be divided equally between his children - keep it simple.

prettyfires

Solicitors write wills cheaply / for charity donations at certain times of the year.
As someone who has spent thousands fighting my stepfather to honour my mum's wishes, get professional advice.
However remember, although will writer's have upped their standards they still do not have the same standards of a solicitor.
Best advice - spend it while you can and enjoy life !!
Or give it when you are still alive then you know it will go to the person you want to have it, instead of being siphoned off by an executor whom you should never have trusted.
Also be warned that the first person to get the will they have for the deceased registered for probate will be the 'winner' even if it is not the last will - unless of course you have a lot of money to drag it through the courts - even then the person could have spent it all and you will never see it . All allowed by law....

tyllwyd

If your FIL genuinely has no more than about £10K in total assets, it doesn't seem worth spending the money for a professional will. In fact, to be honest, if he didn't have a will then his money would be divided according to the intestacy rules, and that's probably pretty much what he would want anyway
http://www.which.co.uk/money/retirement/guides/writing-a-will/intestacy--dying-without-a-will/

Have you looked at the Will packs sold in WH Smiths? That might be all you need and they will include guidance notes.

(Oh, and as far as I am aware - as a non-lawyer - if the will he has done is not signed and witness properly, then it won't be valid, and he will be treated as intestate anyway)

Mojisola

prettyfires wrote: »

Also be warned that the first person to get the will they have for the deceased registered for probate will be the 'winner' even if it is not the last will - unless of course you have a lot of money to drag it through the courts - even then the person could have spent it all and you will never see it . All allowed by law....

I'm not sure you're right here.

There should be a sentence in every will revoking any previous wills. As long as the later will has been signed and witnessed correctly, the earlier will will fail.