Finally made a Will, but....

Milliemoobears

Hello

I'm new to MSE Forums...

My husband and I have finally made a Will using the Union (of which my husband has been a member of for 45 years) Free Will Service.
We received a very basic questionnaire and completed it then waited almost 3 months for the Wills to arrive. Basically, I'm not 100% convinced they're what we want/need for the following reasons:

• They are on ordinary quite thin, white A4 paper, with one corner stapled in a small red triangle (I'm not sure what we were expecting, but it doesn't look particularly like an official document)
• It states that we leave our estate equally to our Children, which is what we requested, but it doesn't name them individually (seems very vague... is this usual?)
• I'm concerned that it appears too simple and almost like we could have produced it at home and wonder if its' authenticity could be questioned?

Maybe I'm being too pedantic, after all we didn't pay for the service, but the last thing we want to do is leave our Children with a Will that is somewhat lacking and could cause them issues further down the line. Has anyone else used this service and can anyone offer any advice or guidance, or is it better just to pay a few hundred pounds and go to a Solicitor? Seems a shame when the service of Free Will writing is offered to Union members, but if it's not up to scratch...

Malthusian

Have you signed both your Wills in the presence of two witnesses (who aren't named in the Will)? Is there any other reason to believe they are not valid?

*There is no law saying the paper has to be of a minimum quality. You could write your will on a napkin if it was written, signed and witnessed properly (I don't recommend you do this).

*Not naming your children specifically is very normal if they are to inherit equally. You might have other children (even if you think this is unlikely given your ages, people adopt and people change their minds) or one of more of your children may predecease you. Or they may decide to change their names by deed poll.

*Nothing you have listed could reasonably be construed as bringing the authenticity of the Will into question. Why shouldn't you have produced your Will at home? As long as you get it signed and witnessed correctly, there's no law against it.

If you still aren't sure about them, take them to a solicitor.

p00hsticks

Malthusian wrote: »

one of more of your children may predecease you.

If is worth the OP checking what the will says in this circumstance, and if it genuinely reflects what they wish to happen - i.e if a child predeceases them, would they wish the estate to simply be divided between the remaining children, or the deceased childs share passed on to any of their own children ?

Milliemoobears wrote: »

• It states that we leave our estate equally to our Children, which is what we requested,
  

Have you really thought about this ? You say you are married - chances are that one of other of you will die before the other - are you really passing everything directly to your children rather than to the surviving spouse? This may not be the most tax efficient way to pass money down if your estate is potentially liable to Inheritance Tax, and could possibly leave the survivor in dire financial straits.

Seeing a solicitor face to face (or at least talking to one over the telephone) should ensure that you have considered all the potential scenarios and that the resulting wills accurately reflect your wishes.

Personally I'd say that a will that is created with no input from yourselves other that what you say is a simple questionaire is likely to be worth exactly what your paid for it.

Yorkshireman99

Milliemoobears wrote: »

Hello

I'm new to MSE Forums...

My husband and I have finally made a Will using the Union (of which my husband has been a member of for 45 years) Free Will Service.
We received a very basic questionnaire and completed it then waited almost 3 months for the Wills to arrive. Basically, I'm not 100% convinced they're what we want/need for the following reasons:

• They are on ordinary quite thin, white A4 paper, with one corner stapled in a small red triangle (I'm not sure what we were expecting, but it doesn't look particularly like an official document)
• It states that we leave our estate equally to our Children, which is what we requested, but it doesn't name them individually (seems very vague... is this usual?)
• I'm concerned that it appears too simple and almost like we could have produced it at home and wonder if its' authenticity could be questioned?

Maybe I'm being too pedantic, after all we didn't pay for the service, but the last thing we want to do is leave our Children with a Will that is somewhat lacking and could cause them issues further down the line. Has anyone else used this service and can anyone offer any advice or guidance, or is it better just to pay a few hundred pounds and go to a Solicitor? Seems a shame when the service of Free Will writing is offered to Union members, but if it's not up to scratch...

Sadly you are not the first to have doubts. If you want the job done properly you both need to see a solictor and get it sone correctly to cover the various possibilities.

da_rule

As has been said, leaving everything to your children can be a risk if your spouse is still alive.

For example, any payouts from insurance policies, pensions etc will be paid to them as part of the estate (unless they are written in trust for you). If you needed this money to cope with the loss of income should your husband die before you (loss of his income etc) then it could put you in hardship (I'm not saying your children wouldn't help you out, but sometimes these sorts of things can bring out the worst in people).

There may also be implications relating to any property you own if you own it as tenants in common.

It may also not make the best use of your inheritance tax allowances.

It may be better to leave everything to each other with a clause that says that it passes to the children after the last one of you dies.

The most important thing with these types of wills is to make sure they are executed (signed) correctly (in front of 2 witnesses who are not beneficiaries and aged over 18 etc).

TBagpuss

Milliemoobears wrote: »

They are on ordinary quite thin, white A4 paper, with one corner stapled in a small red triangle (I'm not sure what we were expecting, but it doesn't look particularly like an official document)

Not a problem.

It states that we leave our estate equally to our Children, which is what we requested, but it doesn't name them individually (seems very vague... is this usual?)

It's not necessary to name them individually, it's common to have a standard clause to avoid issues if people have another child or children but don't update the will. The will-writers probably do it the same every time - you and your husband may be unlikely to have further children but that won't be true of everyone they work for. It is only likely to be an issue of either of you has a secret child you haven't disclosed to the other!

I'm concerned that it appears too simple and almost like we could have produced it at home and wonder if its' authenticity could be questioned?

Unlikely. The only absolute requirement is that the will must be in writing, signed by the testator and by 2 witnesses in the presence of each other and of the testator.

Validity is only likely to be called into question if your beneficiaries fall out with each other (and if you are leaving everything in equal shares to your children, then it's less likely still, as that is what they would get under intestacy, too, so there would be no point in any of them contesting it)

is it better just to pay a few hundred pounds and go to a Solicitor? Seems a shame when the service of Free Will writing is offered to Union members, but if it's not up to scratch..

In most cases it is better to see a solicitor, not least because you get to meet them face -to -face and can raise any concerns, and ask any questions.

Read the wills - do they make provision for what happens when one of you dies? Do the children get their share straight away, or only after the second spouse dies? If they get their share straight away, are you confident that the surviving spouse will have enough to live off? What happens if one of you dies and the other remarries? Do you know whether you currently own your home as joint tenants or as tenants in common, and are you clear about how that changes the effect of the will?

If you're not clear on the answers then it would make sense to see a solicitor so that you are clear about what the wills will actually do, and whether that's what you want.

Wills normally only cost a couple of hundred pounds, it's not a big outlay for something so important

Owain_Moneysaver

Also if any children are under 18 then any property left to them may have to be in a trust, or you may want to create a trust to look after the children's money eg if you both die.

Milliemoobears

Thanks to everyone who has responded.


Sorry, I didn't make it clear in my original post... the Will does state that when either myself or my Husband dies, the estate then passes to the surviving spouse and ultimately will be divided equally between our 3 children when the remaining spouse dies. Also, should one of the children not survive, their share will be passed on to their children (our Grandchildren) on reaching 18 years of age.


We own our house as Tenants in Common and yes, the Wills have been signed in front of 2 independent witnesses who won't benefit from the proceeds of the Will.


Thanks again to everyone who has responded and given advice... it has helped to put our minds at rest that perhaps the Wills are okay after all.

Mojisola

Milliemoobears wrote: »

Sorry, I didn't make it clear in my original post... the Will does state that when either myself or my Husband dies, the estate then passes to the surviving spouse and ultimately will be divided equally between our 3 children when the remaining spouse dies. Also, should one of the children not survive, their share will be passed on to their children (our Grandchildren) on reaching 18 years of age.

We own our house as Tenants in Common

Just out of curiosity - why do you own the house as TIC when you are willing everything to the surviving spouse?

Yorkshireman99

Milliemoobears wrote: »

Thanks to everyone who has responded.


Sorry, I didn't make it clear in my original post... the Will does state that when either myself or my Husband dies, the estate then passes to the surviving spouse and ultimately will be divided equally between our 3 children when the remaining spouse dies. Also, should one of the children not survive, their share will be passed on to their children (our Grandchildren) on reaching 18 years of age.


We own our house as Tenants in Common and yes, the Wills have been signed in front of 2 independent witnesses who won't benefit from the proceeds of the Will.


Thanks again to everyone who has responded and given advice... it has helped to put our minds at rest that perhaps the Wills are okay after all.

They are a start but yoiu would be well advised to get the job done properly by a solicitor who will go through the various options with you. You also ned to remember that it is not a once off operation. You should get your will recondidered evry five years or leass as circumstances change.

Malthusian

To add to what YM has said, the biggest risk faced by the OP as things stand (at least based on the information provided) is not someone disputing the Will because it's printed on cheap paper, but the Wills being lost or destroyed. For example, you may move house and the Wills are lost in the move, and you never bother to make a new one. (Or you lose capacity and are carted off to a care home, and are unable to tell anyone to look after the nondescript envelope in the study drawer.) Or the house burns down with you and the Will in it.

There are ways to guard against this risk and having the job done properly by a solicitor is one of them.