Making a will if you are alone & don't have executor or witnesses?

[Deleted User]

Hi,

I was wondering how do you make a will if you're alone and don't have anyone to act as executors or witnesses?

Thanks for any help.

whitewing

Solicitors will do both.

Don't forget WillAid (not sure if that's now or November)

SailorSam

I don't think it's hard to find witnesses, all they're doing is witnessing your signatue. So a couple of people in work or even the neighbours next door. An executor can be a little more difficult, the only answer seems to be the bank or solicitor who'll want a big cut.

Deep_In_Debt

I'm leaving the majority of my money to charities and have arranged for one of the charities to be executor. Witness was not so hard, just asked a work colleague.

Crabapple

Deep_In_Debt wrote: »

I'm leaving the majority of my money to charities and have arranged for one of the charities to be executor. Witness was not so hard, just asked a work colleague.

You need two witnesses to a Will - hope that's just a typo, but if not please do it again to make sure it's valid.

Witnesses don't need to know what they are signing or the contents, just that they are witnessing your signature so you can get anyone (not mentioned in the Will or married to someone who is) to do that part for you.

Scrounger

What would happen if I wrote a will without specifying an executor?

Would the will have any legal standing?

Scrounger

SailorSam

If you did that who'd pay everyone out ?

Errata

Scrounger wrote: »

What would happen if I wrote a will without specifying an executor?

Would the will have any legal standing?

Scrounger

If the executors are unwilling or unable to act, or if the will does not name any executors, or if there is no will at all, then an administrator takes responsibility for estate administration.

SailorSam

Has anyone used a Solicitor or your bank as an executor ? What did they charge, a set fee or a percentage of the estate ?

TBagpuss

Solicitors will usually charge an hourly rate for the work done.

Who are you planning should be your beneficiaries? There is no reason why beneficiaries cannot also be executors 9unless the ebenficiariesa re children)

Witnesses need only be:
-over 18
-not beneficiaries under the will or married to a beneficiary
- not related to you

You can simply ask a neighbour or colleague. However, bear in mind that the purpose of the will being witnessed is so that there is evidence it was validly executed, by you. For that reason, it is best to have witnesses who know you personally (as they can, if necessary, give evidence that it was definitely you who signed the will), who are younger than you (so they are likely to outlive you) and who know that they are witnessing a will. (it is not necessary for them to know what is in the will)

If you have your will made by a solicitor (which is always best) then they will normally arrange for you to sign the will and will arrange for witnesses - normally members of staff.

You can name an executor in their professional, rather than personal capacity (so, for example, if you were leaving money to your local church, you could appoint as executor the vicar of that parish at the date of your death, or something similar - again, your solicitor would be able to advise on the appropriate wording.

If you are housebound then solicitors will make home visits for this type of thing.

Caroline_a

Having had the most horrendous experience with my dad's estate and a solicitor, I would never use one. He never returned calls, took 4 years (after I'd put a complaint in to the Legal Ombudsman) to settle a very simple will - the house was not sold as there was no need. He then charged £13000 for the privilege!!