Solicitor vs online will writing

applecrumble24

Hi,

My husband and I are looking into making mirror wills. We have various assets and 2 young children so would like to set up trusts for them plus detail who we would like to care for them should we both die.

We have legal cover with our home insurance. As part of this we can fill in a will from an online template which would then be reviewed by their legal team. Does any one have any opinions or experience on this sort of service compared to using a local solicitor.

The local solicitor we have had recommended is £240 plus vat for both wills. Does this seem reasonable?

I would like to get this sorted asap as have found a will my husband made 10 years ago in anticipation of our marriage leaving everything to me if he died but If I was already dead, everything would go to his brother (who he no longer speaks too) instead of our children so clearly not ideal!

Thanks in advance

Mojisola

applecrumble24 wrote: »

The local solicitor we have had recommended is £240 plus vat for both wills. Does this seem reasonable?

I would like to get this sorted asap as have found a will my husband made 10 years ago in anticipation of our marriage leaving everything to me if he died but If I was already dead, everything would go to his brother (who he no longer speaks too) instead of our children so clearly not ideal!

I hope he has destroyed that old will. Intestacy would be a better situation than the children having to challenge the old will in order to benefit from the estate.

I would go with the solicitor - things could come up in the discussions that you may not think of when filling out the form.

The form checkers may well check that everything is legally laid out but will not be giving you advice on what's best for your family's situation.

Rodders53

Ring round other local solicitors for prices. Although cost does vary depending on where you are in the country.

Our mirror wills were half that price - including VAT, a couple of years ago... I thought the guy was quoting the cost for each of us!!

The important thing is to name executors and trustees who you can trust implicitly to act how you want.

G6JNS

applecrumble24 wrote: »

Hi,

My husband and I are looking into making mirror wills. We have various assets and 2 young children so would like to set up trusts for them plus detail who we would like to care for them should we both die.

We have legal cover with our home insurance. As part of this we can fill in a will from an online template which would then be reviewed by their legal team. Does any one have any opinions or experience on this sort of service compared to using a local solicitor.

The local solicitor we have had recommended is £240 plus vat for both wills. Does this seem reasonable?

I would like to get this sorted asap as have found a will my husband made 10 years ago in anticipation of our marriage leaving everything to me if he died but If I was already dead, everything would go to his brother (who he no longer speaks too) instead of our children so clearly not ideal!

Thanks in advance

First of destroy the original will today! Then go to a local solicitor.

SeniorSam

Local solicitors and family members as executors, not professional executors as too costly.

GaleSF63

G6JNS wrote: »

First of destroy the original will today! Then go to a local solicitor.

And be absolutely sure it IS the original you destroy; not just a copy and that the original isn't still lurking around a solicitor's office somewhere.

Rodders53

I'm not sure destroying the will is especially good advice...

IF it had been properly drafted in anticipation of marriage by a Solicitor or professional will-writer (to ensure that the future marriage did not invalidate the will as it usually does) then it is possible that the prospect of future issue (children) ought to have been covered... if not it was a very badly written will...

Perhaps the OP and husband should dig out the will and read it through first?

Also unless the destroyed will is the original (often solicitors store the original giving the client only copies) then it could come to light on the (unlikely, I hope) death of both husband and OP before the new wills are drawn up, signed and witnessed anyway.

Mojisola

applecrumble24 wrote: »

I would like to get this sorted asap as have found a will my husband made 10 years ago in anticipation of our marriage leaving everything to me if he died but If I was already dead, everything would go to his brother (who he no longer speaks too) instead of our children so clearly not ideal!

Rodders53 wrote: »

I'm not sure destroying the will is especially good advice...

IF it had been properly drafted in anticipation of marriage by a Solicitor or professional will-writer (to ensure that the future marriage did not invalidate the will as it usually does) then it is possible that the prospect of future issue (children) ought to have been covered... if not it was a very badly written will...

Perhaps the OP and husband should dig out the will and read it through first?

It sounds as if they have read it and it was badly drafted. To write a will in anticipation of a marriage and not allow for the possibility of offspring was very short-sighted. I wouldn't use the same solicitor again.

G6JNS

Rodders53 wrote: »

I'm not sure destroying the will is especially good advice...

IF it had been properly drafted in anticipation of marriage by a Solicitor or professional will-writer (to ensure that the future marriage did not invalidate the will as it usually does) then it is possible that the prospect of future issue (children) ought to have been covered... if not it was a very badly written will...

Perhaps the OP and husband should dig out the will and read it through first?

Also unless the destroyed will is the original (often solicitors store the original giving the client only copies) then it could come to light on the (unlikely, I hope) death of both husband and OP before the new wills are drawn up, signed and witnessed anyway.

Obviously destroy the original but if the will made no provision for children then it is not good drafting anyway.

applecrumble24

Thanks everyone, I've made an appointment with a solicitor and have asked family to be executors.

Re the existing will. It was written by HSBC who hold the original and are executors of it, so no real point in destroying it especially as we have HSBC bank accounts. The will states that he is making it in anticipation of marriage to me, therefore it should not be revoked by said marriage but then there is zero mention of any future children! As he knew he wanted children at the time he wrote the will, I'm a bit stunned at my husbands complete lack of common sense tbh!

Mojisola

applecrumble24 wrote: »

Re the existing will. It was written by HSBC who hold the original and are executors of it, so no real point in destroying it especially as we have HSBC bank accounts.

There is a very good reason for asking HSBC for the original and destroying it.

If something happens to the new will you make - it can't found when you die or people don't realise that you made another will - the old will could be proved and your children could miss out on their inheritance or have to go to court to get a share of the estate.