Will Week

suzy-wong_5

if a married couple had no will made and one of them died, am I correct in saying that everything would automatically go the their partner, without probate

Savvy_Sue

if a married couple had no will made and one of them died, am I correct in saying that everything would automatically go the their partner, without probate

Nope. Have a look at this link which s@sha helpfully put up a few posts back.

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

It depends on the value of the estate and what other dependents there are.

And I don't know what has to be done to tidy up an estate in the absence of a will. Presumably the absence of a will doesn't mean no inheritance tax is due, for example! So - I'm guessing here - the next of kin would have to do basically the same job as an executor in valuing the estate etc. Plus 'prove' that there was no will.

s@sha

Being married does not also guarantee that probate will not be necessary. If all property & bank accounts are held in joint names, and the property passes automatically to the surviving spouse, then it may not be necessary.

But usually, if there is any property that has been held in the sole name of the deceased, or bank accounts with sole ownership, the person appointed as Executor will have to apply for the 'grant of probate', which  is a legal document that allows him to be legally recognised as the person authorised to deal with  the estate & formally transfer the property to the surviving spouse ( or whoever the deceased has left it to).

If there is no will, then I think any relatives/friends of the deceased can decide who will manage the affairs. The person/s they decide upon will still have to apply for probate (as the executor would have) except that in this case, it is called getting a 'grant of representation' rather than grant of probate.

Savvy_Sue

I think we're hitting Will Week!

I have recently seen a couple of articles in my local paper about making a will for free. At least, you don't pay the solicitor but the hope is you give a donation or leave a legacy to the charity that organised the 'will week'. One charity was, I think, Barnardos and the other, I think, the British Heart Foundation.

I can't quickly find either of these on their websites, but it is worth scanning your local paper! May be in the freebie, if you get one.

vansboy

The place to get the free will facility ( but make a contribution to the charity)

http://www.willaid.org.uk

VB

Bossyboots

A word of warning to anyone thinking of using the do-it-yourself Will kits on sale. Please, please read the instructions and follow them carefully.

I saw a will yesterday that was incorrectly completed and it is therefore invalid. This lady died believing everything was taken care of when in fact there is now a battle over her estate.

LincsLad_3

Just to clarify...

"Will Week" runs through November 2004. The next one will be in Autumn 2006.

During NOVEMBER 2004 thousands of solicitors throughout the UK will waive their fee to draw up a basic Will. Instead they will ask you to make a donation to the Will Aid charities (Action Aid, British Red Cross, Christian Aid, Help The Aged, NSPCC, Save The Children (UK), SCIAF (Scotland), Sight Savers International, Trocaire (N. Ireland). * Suggested donation is £65.

More details at the link given above by vansboy, https://www.willaid.org.uk

AUSTIN_3

I am really glad I started this subject, I will(no pun intended) be taking a trip this month to make my will.Thanks to all that contributed

MSE_Martin

Just to note I've added a full briefing about Will-Aid to the first post

Martin

jo_b_2

Thanks for this thread. Will definitely look into drawing a will up this month. (Am I being morbid - I'm not even 28 yet!?)

Just out of interest, how much do solicitors usually charge to draw up a will? (Or is that a piece of string question?) ???