my mum wont leave a will

sleepless_saver

If anybody is getting benefits like housing benefit, council tax support, or income related JSA or ESA then their benefits will be affected by an inheritance even if they try to give their share away.

woolly_wombat

Don't forget that even if there is no will then you can still, if all siblings agree, do a 'deed of variation' in favour of your brother. I know someone who benefited when a relative died intestate and the default beneficiary signed a deed of variation so the estate could pass directly to the next generation.

WW

Mojisola

woolly_wombat wrote: »

Don't forget that even if there is no will then you can still, if all siblings agree, do a 'deed of variation' in favour of your brother. I know someone who benefited when a relative died intestate and the default beneficiary signed a deed of variation so the estate could pass directly to the next generation.

As long as the ones who are giving up their inheritance aren't on means tested benefits.

takingcontrolatlast

its so complicated.. im just going to pay for a will for my mum . does anyone know the cost roughly? i dont want to wait till oct when its like a free/donation will - and is it best via solicitor or from somewhere like post office?

jamesd

Solicitors tend to see them as loss leaders, hoping for some money from probate after death. So for a simple will like this one I expect that the cost would be in the £150-250 range. Charges vary so there's no need to go to the first solicitor you ask for a price.

There's also a Free Wills Month due in March but it's not in all parts of the country. See the earlier link.

Cheapest with no waiting would be the £55 single simple will via Which, again see the link from earlier. It's not a solicitor, though - wills can be written by people who aren't solicitors.

Personally I think that you'll serve her and your brother best by going to a local solicitor who can then help the executor handle things after death. Be sure that the executor(s) named in the will are willing to do the job. life gets messy if they don't want to do it and they do have the right to refuse after the death of the person whose will it is. In this case it's probably best for the brother to be the executor since he'd also be the sole beneficiary.

takingcontrolatlast

Thanks James, i agree with you and it does make sense that he should be the executor of the will. My plan is to shop around for quotes of wills, I will pay the cost as I owe money to mum anyway. I will discuss with my brother and hopefully he will agree to be the executor and then i will make appt with solicitors for us all to go. Interestingly, i picked up there could be more than one named executor?

jamesd

Yes, there can be many executors.

Dunnit

I was named as joint executor on my mother's will along with my older brother who lives 200 miles away. It just complicated matters as I did all of the work, she had lived with me, but then had to forward many documents to him to countersign. This resulted in some companies replying to him as he was named as first executor, despite all covering letters being through my address. He was reasonably diligent ( ) but I was waiting for paper work that he sometimes took time to forward.
I would suggest it is easier to let one reasonably organised person do this. It is not onerous.

takingcontrolatlast

Thanks Dunnit - im hoping my brother will be the executor and we are there to support him.

takingcontrolatlast

Ive managed to arrange an appt for a "free will" for my mum and she will leave some money to charity - thank you MSE and posters for pointing me in the right direction :money: