my mum wont leave a will

amibovvered

I notice you're sorted now, but for anyone else with a similar problem:

I couldn't bring myself to ask/tell my mum to write a will (she was 92 so it needed sorting sooner rather than later!) so thought it best to write my own will then it was easier to say Do you want to do one at the same time?

It was July so too late for the March ones and too early for the October / November ones, so I just googled local solicitors then sent them all the same email asking if they had any arrangements with charities to write free wills in exchange for a bequest to the charity. Fortunately two of them did, and even better, one of the charities was one local to me that I have supported in the past. The solicitor came to my house to draw up the will then later to bring the final copies for signing, as my mum had poor mobility, and didn't charge anything. My brother happened to be staying with us when we signed the wills and he ended up writing his will with the same deal, so we were all sorted at once!

Just as well really, as my mum died 10 months later.

(and yes, I did pay the bequest to the charity!)

takingcontrolatlast

Thanks amibovvered - its such a sensitive issue isnt it. Thank you for your post. I actually might try to see if a local solicitor will offer the service as mum does have poor mobility but i didnt think they did as it wasnt on the "list" of offering the service. But if you dont ask you dont get and they can only say no.

I am sorry for your loss.

wyliam

I always feel that it is best to name at least two executors. you never know what is going to happen. Then when the time comes, if they can agree one who is best to do it, the rest can renounce as executors. There is a simple form to do it (PA32).

On the question of money owed to the deceased; it is absolutely clear that it is a debt to the estate. The executor must call in all debts before administering the estate. Assuming there is enough money in the estate after the liabilities have been settled, each beneficiary will receive a share of the amount of the debt.

takingcontrolatlast

Thanks for your advice Wyliam, its only going to be my brother who will be the beneficiary if there is anything - i do owe money to my mum which my brother knows about and have been paying back monthly - with the aim of getting it paid in full asap (preferably over the forthcoming months) - there will be no problem with me paying that back but obviously would like mum to have it.

thanks again

LHW99

I would suggest making sure that the solicitor does not include themselves as executor, there is no need for them to as any local solicitor can be asked to help sort out the estate if needed.
We had a problem that my MIL had named her husband (who pre-deceased her) and a local solicitor who was no longer practising and was difficult to trace. It added another layer of complications we didn't need at the time.

Purplesky_2

I second that putting a solicitor as an executor can really complicate matters

takingcontrolatlast

thank you, i'll keep an eye out for that LHW99 and Purplesky

we have an appt beginning of April on the "Free will scheme" - its so awful having to take her.

takingcontrolatlast

My mum has cancelled her appointment with the solicitor to make a will after me going to the effort of organising it for her.

I have decided that I shall take a step back.

saver861

takingcontrolatlast wrote: »

My mum has cancelled her appointment with the solicitor to make a will after me going to the effort of organising it for her.

I have decided that I shall take a step back.

That's unfortunate. I know only too well the difficulties that arise from parents not making a will.

If there is just you and your brother then there is a good chance that everything will run smoothly anyway. As the families get bigger, so to do the related problems.

All you can do really is do as you say and step back. It may be a later point she might re-consider. What about power of attorney? I have not read through all the thread so it might be covered but that's probably as much relevant as a will. Though I expect she would be equally hesitant about that.

takingcontrolatlast

Thanks for your suggestion Saver - i do feel she will be reluctant with that as well tbh.

There are 4 of us - im the oldest but my brother lives with mum and she wants to leave everything to him and we are all in agreeance with that.

I was really trying to protect my brother but he is after all the man of the house and now needs to take some responsibility. i have offered my help and advice so its up to him now.