DIY wills

willownuts

Hi all, wasnt sure where to post this. So please forgive me if its in the wrong place

My husband wants to write a will. We dont really have any assets as such, just a house and an insurance policy.

He just wants it written down that he leaves everything to me or in the event of me not being here, then the house to our eldest daughter and for her to look after her brothers until they leave home and then the house to be sold and split four ways. (We have discussed this with our daughter and its what she wants to do, she doesnt want them to be split up)

Can we do this with a DIY will kit from a stationers?

Any tips would be appreciated.

Thanks

Mojisola

willownuts wrote: »

He just wants it written down that he leaves everything to me or in the event of me not being here, then the house to our eldest daughter and for her to look after her brothers until they leave home and then the house to be sold and split four ways. (We have discussed this with our daughter and its what she wants to do, she doesnt want them to be split up)

This is not a simple will. I think you would leave your daughter with a lot of problems if you did a home-made will.

Do you have a will already?

greyteam1959

You cannot just 'sell the house & split it four ways' !!!
Do NOT go down this route.....you need to seek professional advice.
£300 spent now will be money well spent in the future.

dzug1

What you are proposing involves a trust and trustees.


Whilst you can DIY if you really know what you are doing it's evident you don't


You will need professional advice

jonesMUFCforever

I agree with previous posts get legal advice - if you are working and belong to a union they might offer a free will writing service as part of the membership.


I can see problems straight away - you die and the will says sell house and split 4 ways - what if that means that one or more of your siblings are made homeless?

willownuts

Hi,

Thanks for your advice.

We really dont have the money to go and have a will done by a solicitor.

Our daughter (who is 22) wants to keep the house for her brothers to live in. They want her to look after them should then unthinkable ever happen. (they are 17,16,13) We have no other relatives to care for them. Infact, they are happy for her to have the house full stop. And trust me, she would cut her own arm off before making anyone homeless. Just I thought it might be better for any profits to be split equally as and when it was time to sell it.

My husband has an insurance that would pay off the house fully.

Like I say, we just dont have the money for a solicitor to do it.

Thanks

da_rule

The problem you have is because there are minors (children) involved, trusts are created, which require specific things in the will (i.e. at least 2 executors/trustees).

Making a badly drafted will is just as problematic as not having one at all.

Phone around some local solicitors and see what they charge. Some are very cheap if you appoint them as executors (as they can charge your estate for this service).

da_rule

Also consider that your husband will probably also need a mirror will created. Otherwise there will still be difficulties should you die first.

willownuts

Thanks for your advice.

I really didnt think it would be so difficult. I had a look online and it seemed fairly straightforward.

Better have a ring round tomorrow.

Thanks

da_rule

That's the problem with wills, they seem straightforward until you look at them. And the unfortunate thing with a badly drafted will is that it is the family of the person who have to pick up the pieces. If your children were all adults then things would be a lot simpler.

da_rule

Plus a solicitor will be able to advise on inheritance tax liability.