cost of a will

Biggles

I don't believe it's uncommon to name a reserve executor in a will, but the wording is very odd. Is the solicitor a STEP member, who specialise in willwriting?

You might do better to go with a professional willwriter, eg a member of the Institute of Professional Willwriters (http://www.ipw.org.uk/). It would probably be better and would certainly be cheaper.

Be_Happy

Still laughing at the picture of OH as a 'sugar daddy!!

Probably showing only an extract of the will made the wording look odd, but this is standard legal jargon in Scottish wills.

My address was given in the first paragraph of the will, so 'residing with me' means 'as above address'. Executors are shown by name and present address at date of will.

'Whom failing' means 'has died' and is standard throughout the will when making bequests to named beneficiaries. The 'whom failing' clause prevents the will having to be amended if the named person has died.

As far as solicitor goes, it is an old established firm, one of the leading ones in town. In Scotland we tend to use legal firms rather than 'will writers'.

Back to OP's post though, It is important to use a professional, phone around for prices, go to meeting with clear notes of what you want shown in the will, and check thoroughly the draft will you should be given before the final write up.

psstoverere

delia0427 wrote: »

We have recently drew up a joint will through my husbands union and it cost us nothing. So if you are in a union they may have the same option.

We went to a local solicitor that was appointed by my husbands union and everything was very straight forward.

Thanks so much for this info, just had a look at my union services and found i can get this too. :T

[Deleted User]

we have just returned from doing a new will, the old one was in 2000 and we and members of our family have moved. A couple of things I had not thought about came up ie having 2 executors and not one just in case of one dying, ok for us as we have 3 children. One has a lovely long term partner and are like a married couple so we have made sure that she gets a proportion just in case her oh, our son, dies. The other one was re small grandchildren and I never thought about our children dying first but we have said that the grandchildren get capital at 25 with any payments for needs as arising to be made at discretion.

It was very straightforward but I am glad we went to a solicitor because of the few aspects we may not have covered in a diy will. We could have copied the old will but would have missed bits out so imo very well worth the £180

Errata

It makes sense to review a will very regularly and make any changes that are needed, for instance future grandchildren.A bit like annually reviewing house/car/contents insurance.

runninglea

So if the only change is to stop the solicitors being the executors, can this be done by copying the will and retyping the names of executors?

Do you have to inform the solicitors that they are no longer the executors as they would be expecting to complete the estate when the person in question dies?

Mojisola

runninglea wrote: »

So if the only change is to stop the solicitors being the executors, can this be done by copying the will and retyping the names of executors?

Yes but double-check that it's accurate and make sure it's signed properly.

Do you have to inform the solicitors that they are no longer the executors as they would be expecting to complete the estate when the person in question dies?

If the solicitors are holding the signed will, it would be better to get that copy back and destroying it. There have been a couple of threads on here recently where an older will has gone to probate, causing lots of problems and expense.

holly_hobby

You can of course, if the estate is uncomplicated, write your own mirror wills - there are plenty of packs about.

If more complex, or you are worried about any challenges etc, then you can of course use a solicitor to conduct this for you.

There are various "Will Week" initiatives throughout the yr, whereby local solicitors will write a simple single or mirror will, and instead of their normal fee, instead ask for a voluntary donation for benefit of the nominated charity.

Here is a link to national will week - http://www.willaid.org.uk/, but there are local ones all the time. Indeed Hospiscare are offering one in May within the Devon area - http://www.hospiscare.co.uk/Events/Will+Week+2013 - which may not suit, but gives you an idea that various areas in the UK operate them for local charities, in addition to the national Will Aid inititiave noted above. (have a google for your own area)

Its also worth noting at this point, that you may both want to consider effecting a Lasting Power Of Attorney at the same time as writing your will's. Which in essence comes into play if you become unable to manage your own affairs (cognative imparement or other restrictive issues), and as made whilst you are capable, it will avoid your family having to go through the Court of Protection process to make decisions or have them appointed as a deputy, should your imparement prevent you from managing your own welfare and financial matters before you manage to arrange an LPA (2 separate LPAs reqd for each health & welfare, property & financial).

Hope this helps

Holly