Couple of DIY will writing questions

jackyann

As I posted elsewhere recently, I have done, in my lifetime, 2 "DIY" wills & 2 drawn up by a solicitor as the situation was more complicated.
In the DIYs you really do need to keep it very simple, and something like "my car to my brother" isn't. If it is a very special car then you need to specify it (and you're stepping outside of "simple").
Normally you are just best to include your car & most other possessions in your estate.

What you can do is write a letter to your executors saying that friends and family may choose a memento of sentimental value from your personal possessions (usually a book, small item of jewellery, china or ornament). Our solicitor told me it was acceptable to suggest in this letter that I would like "my sister to have my jade brooch", but this is for items of no significant monetary value. It's not binding, but just helpful for executors one trusts.

Anyone can witness a will (and they are only witnessing the signature, they don't have to see the contents) so you can ask new neighbours as suggested, or take it with you when you visit old friends.

Bantex_2

jackyann wrote: »

As I posted elsewhere recently, I have done, in my lifetime, 2 "DIY" wills & 2 drawn up by a solicitor as the situation was more complicated.
In the DIYs you really do need to keep it very simple, and something like "my car to my brother" isn't. If it is a very special car then you need to specify it (and you're stepping outside of "simple").
Normally you are just best to include your car & most other possessions in your estate.

What you can do is write a letter to your executors saying that friends and family may choose a memento of sentimental value from your personal possessions (usually a book, small item of jewellery, china or ornament). Our solicitor told me it was acceptable to suggest in this letter that I would like "my sister to have my jade brooch", but this is for items of no significant monetary value. It's not binding, but just helpful for executors one trusts.

Anyone can witness a will (and they are only witnessing the signature, they don't have to see the contents) so you can ask new neighbours as suggested, or take it with you when you visit old friends.

Comments like that are what cause problems, there are a whole load of people that cannot witness a will without affecting or voiding it.

Mojisola

Bantex wrote: »

Comments like that are what cause problems, there are a whole load of people that cannot witness a will without affecting or voiding it.

That's not really accurate.

Anyone over 18 who is not blind can be a witness to the signature on a will.

If that person is a beneficiary or the spouse or civil partner of a beneficiary, then they will not be able to have their inheritance but the will is still valid.

Bantex_2

Mojisola wrote: »

That's not really accurate.

Anyone over 18 who is not blind can be a witness to the signature on a will.

If that person is a beneficiary or the spouse or civil partner of a beneficiary, then they will not be able to have their inheritance but the will is still valid.

It is more accurate than "anyone can witness a will". I would always recommend going to a professional. It should cost around £100 and will possibly protect and estate worth hundreds of thousands. DIY could easily be a false economy.

Mojisola

Bantex wrote: »

I would always recommend going to a professional. It should cost around £100 and will possibly protect and estate worth hundreds of thousands. DIY could easily be a false economy.

I agree. The person who does a DIY will is never around to see if it is okay or causes big problems.

It's like making sure your funeral costs are covered - a good will is a gift to your grieving relatives in that it should make their lives easier at a very difficult time.

(Of course, not all professional wills are well-written - it's worth reading up on wills before going to a solicitor or will writer to make sure you have some basic knowledge yourself.)

madbadrob

And just incase someone in Scotland reads this then in that juridstinction the person witnessin a will only has to be a minimum of 16 years old

Rob

jackyann

Oh, I am sorry! I carelessly wrote "anyone" because of the context! Whilst I take your point, that really is commonsense, and the DIY forms I have used have made it perfectly clear (and you get a different pack for Scotland!)
I have executed, and assisted executors administer DIY wills, and there have been no problems.
If you use one of the standard DIY packs, there is a checklist and as soon as you tick certain boxes, they advise involving a solicitor.

I do understand - as my own history makes clear - that not involving solicitors can sometimes cause problems.
Just apply commonsense and follow guidelines.

BobQ

Bantex wrote: »

It is more accurate than "anyone can witness a will". I would always recommend going to a professional. It should cost around £100 and will possibly protect and estate worth hundreds of thousands. DIY could easily be a false economy.

True but it was patently obvious from the context that the OP was asking about getting a DIY will witnessed by someone who he hardly knew and who would have no connection with executing or benefitting from the estate. Did you seriously think he was going to leave his house to his neighbour?

But I agree that its easy to create problems without realising it, which professionals are unlikely to do.

In my experience most colleagues or neighbours will not mind witnessing a signature on a document provided its clear to the witness that this is all they are doing.

Flugelhorn

Bantex wrote: »

I would always recommend going to a professional. It should cost around £100 and will possibly protect and estate worth hundreds of thousands. DIY could easily be a false economy.

We started with one professional - our old solicitors (some distance away) - what came back was "not up to the usual standard" anyway we ploughed on and it was still no better - lots of errors, badly written. So we checked up and our solicitor had retired and whoever had taken over was really not up to it - we paid up for what was done so far and said we would go locally.

Went to local solicitor, sent us a draft, we made some amendments,..... and then nothing, no further will, no further letters, no response to e-mails (despite secretary promising he would). OK so no bill either and that was 18 months ago no. So we have DIY - witnessed by neighbours. At least it got done.