Will Week

Malcolm_Sharp

Having looked at the Flow Charts for who inherits what, if no will has been made, they do not mention the children of pre-deceased siblings. If Aunts, Uncles and Grandparents can inherit, I would have thought that nephews and neices would also. Can anyone clarify this please, since I am currently struggling to get my brother to make a will, and would like to know that if he doesn't, which is more than likely, that my children would benefit if I pre-decease him.

Lady_K

Last week I had a call from a solicitors secretary even though my telephone number is registered with the telephone preference service meaning I shouldn't receive these calls. Anyway I let it pass because making a will is something that I've been concerned about for a while now. The lady asked me some basic questions about my status and children ect and said she would send me an info pack and a 50% off voucher meaning that the cost would be £59.50 after the discount as I'm a single person or it would have been £119.00 for a couple. Not sure if that includes any VAT or anything. She said she would ring back in about a week and there would be no pressure, just the one follow up call.

The lady rang me again today to ask my decision, I said thank you but I had decided not to take the offer and she very quickly, sharply, obviously annoyed replied "May I ask why seeing as you are divorced and a property owner with children?" I told her that since last week I had heard that some solicitors take part in the free will week and she laughed out loud and said "It is not free they expect a donation of £65 and do you know why else they do it?" I said, "well I understood it was to help charities and encourage people to actually make a will as many people don’t." She laughed again and said "They don't tell you that in doing the so called free will they also appoint themselves as executor entitling themselves to 5% of your estate as fee for that. That is the real reason they do it because they do make money out of it"... Is this true?

The company was Chambers & McClay of Nottingham.

Savvy_Sue

She laughed again and said they don't tell you that in doing the so called free will they also will appoint themselves as executor of the will and that means they will get 5% of your estate as fee for that and that is the real reason they do it because they do make money out of it... Is this true?

I don't see how it can be true, although I am sure any firm of solicitors would offer to be your executors when writing your will, and if you walk into the appointment for a Willaid Will without having decided who you will appoint as executor it might look like the easy option.

However, it's your will, and if you want to appoint someone else, you can. At the end of the day, if you disagree with what's written in your WillAid will, don't sign it.

Think through who you want to appoint as executor before you go to the appointment and stand firm.

And if you know which company this lady works for, complain to the TPS.

Lady_K

The company was Chambers & McClay of Nottingham.

I wasn't sure what to believe but I know I wouldn't appoint a solicitor as the executor of my will anyway so I would never have done it, I'd have done my own rather than that. I will actually complain if I find for sure her comments are untrue

I did do a will some years ago when I was single parent. There were solicitors on our market place offering to do free wills. I'm wondering if that is still legally binding and if they might have appointed themselves as executors. I was younger then and a little more naive I wouldn't have questioned it then. I don't think I gave a name for an executor. I can't find the will either it was lost during a house move. Is there any way I can find out if I still have one or not I can't remember if I actually signed it. I don't remember the company they were not from where I lived I think they travelled to different markets to get customers regular

Bossyboots

First of all, how did the woman who called know so much about you?

Secondly, the will you made does still stand and will do so until you make another one.  As you say you made it some time ago, it is worth reviewing anyway, particularly if the original is lost as you could be declared intestate if no-one can find it.

I suspect the solicitors did put themselves on as executors so again, if you do not want that and assuming the original will turns up, you will need to start again.

In addition, a search of the Law Society's list of solicitors does not result in an entry for Chambers and McClay. This means that they are not a firm of solicitors. However, they do appear in google and 192.com as a company offering will writing services. This means that they may not even have any qualifications.

luv_my_brass

Just for the sake of completeness, the word sarahturner9 was looking for is codicil.  

.....and this is what I want to ask about.  I made my will after my divorce and when my two children were still quite young - this was twenty years ago, and the solicitor suggested that they should act as trustees.  I've since discovered that this gave them absolute power over my goods and chattels and when  they became adults I decided to add a codicil making my daughter the trustee.  When I rang my solicitor with this suggestion, they told me it would cost the equivalent of what was then, three days pay!  I couldn't afford it then, and have never got around to adding the codicil, which is quite a worry.  Does the fact that my children are now adults alter things at all?  Can they still do as they please with the contents of my will - or does that only apply when the children are under age?  I would like my daughter to become the trustee and she and I have discussed it.  I really must get on with it and like the idea of only having to pay £35 to do this, except that my solicitor is not listed as participating! :-(

Another query:  When a will goes to probate - aren't the beneficiaries automatically contacted and informed of the contents of the will?  When my mother died some years ago, she left her assetts including several thousand pounds, to her three daughters,  one of the two sons was trustee.  We (the daughters) never heard anything about the will until sometime after her death, when my brother casually showed me a copy of it.  We never got a penny from the will because my brother used it to fight a spurious claim from my mother's 'friend' over ownership of a car that my mother had bought, for the 'friend' to drive her around in, but he claimed it had been bought for him.  There is a serious warning here not to mess around with solicitors - all the money my mother left for us girls, went into the pockets of the solicitors - over a car worth about £850!!!!  As the 'friend' won the case.
As trustee, it would appear that my brother was able to use my mother's money to fight this case, and we were never consulted.  Naturally, it still rankles, not only at the shocking waste of my mother's hard savings going into already rich solicitor's pockets (she would truly have turned in her grave!!) but that we were never officially informed of the contents of my mother's will, and had no say in how it was eventually used.  
I would not like the same thing to happen in regard to my own assetts.

Bossyboots

luv-my-brass, it is so long since you made a will and so much has changed that I strongly suggest you simply make a completely fresh will. Think carefully about who you want as executors and how you want your assets distributed.

As far as your mum's will is concerned the executor of her will had a legal duty to notify you of the contents of the will and the fact that you were a beneficiary. You would all then have had a say in whether the car was worth fighting over. If it was not specifically left to your brother then it formed part of the estate and belonged in equal shares to you all. You and the other beneficiaries could well have a case against your brother for restitution of your loss. That is presuming the car was registered in your mum's name. If the car was registered to the friend then really it was a gift and if not specifically noted in writing that it was a lifetime gift (being the lifetime of your mother) then the car did belong to the friend. This is quite a complicated area but based on what you have said, it was wrong of your brother to fight the claim. Are you sure that is where the estate money went? Have you seen the estate accounts? I may be being cynical but is it possible your brother kept the estate money for himself and invented the claim against the car or at least exaggerated it.? If that was the case, he has probably also committed a criminal offence.

Where I would go from here is to go and see a solicitor to make a will yourself. Mention in passing that you are concerned to do it right and introduce the story of your brother as your reason for concern. If you hit lucky the solicitor will encourage you to say more and you may get some free advice out of if. After all the solicitor will want to reassure you that what he/she is producing is going to be correct and not cause any problems later.

Savvy_Sue

I did do a will some years ago when I was single parent.

Secondly, the will you made does still stand and will do so until you make another one.

I thought a will became invalid on marriage?

But in any case, it is possible just to do a completely new will, the last validly signed, dated and witnessed one is the one which stands, and part of the wording is that you revoke all previous wills. Drawing up a new will is generally considered 'safer' than doing a codicil: it can get very messy!

Savvy_Sue

.....and this is what I want to ask about. I made my will after my divorce and when my two children were still quite young - this was twenty years ago, and the solicitor suggested that they should act as trustees. I've since discovered that this gave them absolute power over my goods and chattels and when they became adults I decided to add a codicil making my daughter the trustee. When I rang my solicitor with this suggestion, they told me it would cost the equivalent of what was then, three days pay! I couldn't afford it then, and have never got around to adding the codicil, which is quite a worry.

Agree with BossyBoots, go for a completely new will rather than a codicil.

jockettuk

pity that no solicitors near me are taking part... would have liked to mabey get mine looked at see if it needed updating