Will Week

Savvy_Sue

It has really worried me, we also have to make considerable thought to who would look after our son if anything where to happen to both of us.

We have appointed as guardians people whom we would not expect to care for the children, should we die before them, but who we would expect to make the decisions about what would be best for them. We hoped this would stop the grandparents fighting over them if we were to die when they were cute. We haven't died, they're not cute any more, so this is less of a worry now.

Seriously, our reasoning went that if the will were to be reasonably 'future-proof' and not in need of updating every time our circumstances changed, or the chosen guardians' circumstances changed, then it needed to be people who would make decisions in the best interests of the boys. What would have been best for them 10 years ago would clearly be inappropriate now ...

Mind you, I don't think it's anything to lose sleep over. I agree a will is a good idea, as is the appointment of guardians, but if there are no stepchildren, former partners or other interested parties likely to claim on your estate then I don't think you're putting your child's inheritance at risk by not having one! Does your advisor by any chance get commission by referring you to a certain solicitor? Maybe I'm being cynical here, in which case I apologise.

AUSTIN_3

our fiancial adviser actually told us to wait until it was will week then the money doesn't go to the solicitor, it goes to a good cause(not sayingthat they don't earn there money by being very clever but I would prefare my money to go somewhere worthwhile than to line somebodies pocket.

I actually wanted to get our FA to accept a fee from me, and any commisson my husband and I received, just to make sure that we got the best deal but apparently they don't do that-can't or won't I ask myself.

I think that it's important to remain cynical-there is always somebody out there trying to make money out of you

s@sha

The surprising thing is that Solicitors will often charge very little for preparing a will as the real benefit to them comes when you die as they hope to be called upon to administer the estate.

Indeed, many will suggest that they should be appointed as executors and will include what is known as a "charging clause" so that they can be paid for the time involved.

Just wanted to add that if the desceased's estate is fairly straightforward, the role of the executor is not that difficult, and therefore the costs of paying a solicitor to carry out the Executor's duties can be avoided by appointing a responsible & trusted friend or relative.

My father in law had named my husband as his executor ( which hubby didn't know). We didn't know anything about administering someone's estate, but did a bit of reading up on the internet, got a good guide book out of the library, & it was fine. Husband applied for the probate himself & arranged for his fathers house to be transferred into his mother's name via the land registry...both these things would have cost us a chunk in solicitor's fees if we'd asked for assistance, when it was just a case of doing a bit of groundwork on our part.

I would stress though that my father in law's will was straighforward...I wouldn't like to suggest that being the executor is easy if there are complicated circumstances...in that case the solicitor would probably be worth their fee!

suzy-wong_5

what is probate? and would everyone go through it if their was no will in place

Jeff121

This site might be helpful?

http://www.pep-wills.co.uk/

Fionnuala_2

I don't know that much about wills, but I suspect that if you died intestate, ie without having made a will, then the government will decide who gets your estate. So, if there's somebody you don't like but who is next of kin, then a will would ensure they don't benefit from your departure. And your favourite charity or secret love child or who/whatever is special to you will definitely receive nothing if you have no will.

I have a question which I am too embarrassed to ask my solicitor about. If I were to pop my clogs my family would be totally adamant about a religious funeral and a burial. I do not want either of these and to tell them in life would lead to so many arguments as they are all so into their faith, while I am not. I want to make these decisions on the behalf of my family so that they know exactly what to do and can say it was my choice. Is it appropriate to put this in my will, or would that be too late? Or do I tell my executors that my will should be read before my funeral is arranged to avoid me being dug up (oh what a nightmare thought)? Any advice would be much appreciated.

Savvy_Sue

I don't know that much about wills, but I suspect that if you died intestate, ie without having made a will, then the government will decide who gets your estate.  So, if there's somebody you don't like but who is next of kin, then a will would ensure they don't benefit from your departure.  And your favourite charity or secret love child or who/whatever is special to you will definitely receive nothing if you have no will.

I am sure you are right. Someone will find the rules of intestacy and post them for us! I believe they get quite complicated - and if no next of kin can be traced the govt. gets the money!

I have a question which I am too embarrassed to ask my solicitor about. If I were to pop my clogs my family would be totally adamant about a religious funeral and a burial. I do not want either of these and to tell them in life would lead to so many arguments as they are all so into their faith, while I am not. I want to make these decisions on the behalf of my family so that they know exactly what to do and can say it was my choice. Is it appropriate to put this in my will, or would that be too late? Or do I tell my executors that my will should be read before my funeral is arranged to avoid me being dug up (oh what a nightmare thought)? Any advice would be much appreciated.

I don't know what the protocol in this situation would be, but leaving your instructions in a letter but separate from your will might be a good plan. You can put it in your will as well, as I think "the reading of the will" after the funeral is a fictional device rather than what usually happens, so you're unlikely to be dug up if you leave instructions in your will and no-one knows what they are because the will hasn't been read.

But why not ask the solicitor - I'm sure it won't be a new question! Plenty of people leave their body to medical science in their will. If you don't want to go into specifics ask what you should do to express any wishes for the funeral, who you should leave instructions with.

However, someone will correct me if I'm wrong, but I don't think any instructions you leave about your preferred funeral arrangements can be binding: it's all down to your next of kin. I'd suggest that any letter you leave explains very clearly why you want things done your way, not their way, and acknowledge that this will be hard for them.

Is there anyone in the family you could talk this over with now without it leading to a huge row? It might help if someone was speaking up on your behalf, as it were, saying yes, I know that's how FTS felt, and I think we should do as we are asked.

s@sha

The rules of intestacy are quite strict...a nice flowchart here to explain where everything will go if you don't leave a will (note it doesn't cover Scotland or Northern Ireland):

http://www.willwriters.co.uk/intestacyframe.htm

As to your funeral arrangements, you can leave your wishes in your will, but as Savvy Sue says, that might mean no-one actually reads what you want until it's too late. My parents have left copies of their wills with me & my sister, and their wills contain instructions on how they want their funerals to be carried out, but obviously, your situation is more awkward as you don't want people to actually see your will before you die.

Normally, it would be a good idea to tell the Executors of your will that it contains funeral arrangements, and so you want your will to be read before any arrangements are made. I would do this, unless you feel that this will lead to awkward questions from them about your funeral. It is worth bearing in mind that your Executor(s) doesn't have to be a family member...in your situation a trusted friend who will not question your wishes might be appropriate?

Savvy_Sue

The rules of intestacy are quite strict...a nice flowchart here to explain where everything will go if you don't leave a will (note it doesn't cover Scotland or Northern Ireland):

http://www.willwriters.co.uk/intestacyframe.htm

I'm sure a lot of people will find that very helpful, thank you!

It is worth bearing in mind that your Executor(s) doesn't have to be a family member...in your situation a trusted friend who will not question your wishes might be appropriate?

But does anyone know if I am right in thinking that the arrangements for the funeral are made by the next of kin, who can do this without reference to 'significant others', friends, executors etc?

Certainly that's what happened in The Archers when Greg shot himself and his ex-wife - I think they were divorced rather than just separated - organised everything without consulting Greg's current partner Helen. Or did the scriptwriters get it wrong?

Which is why enlisting support from someone within the family, if at all possible and even if they disagree with you, might be a good plan, as well as writing down what you want.

LincsLad_3

Should everyone make a will, or is it really only important if you have dependants, or lots of money/complicated circumstances?

Speaking from experience of having to deal with the estates of both my parents, neither of whom ever thought it necessary to make a will 'for the little bit that we have got', EVERYONE should make a will in some form or another.

Mum and Dad's 'little bit that we have got', including the house, was well into six figures !!