Do we really need Wills?

zagfles

securityguy wrote: »

So the assumption that intestacy operates the same as a will is wrong in my view: stepping up to administer an intestate estate is "do I want to do work that the deceased couldn't be bothered to, for the benefit of relatives the deceased didn't care enough about to make a will?" to which the answer is, probably "No, I don't".

Sorry but that's a ridiculous assumption. My parents don't have wills, nor do I or my wife, because we fully understand the rules of intestacy, our circumstances are straightfowards, and we don't need them. Not because we don't care about our relatives.

If circumstances were or became more complicated, we'd do one. But at the moment we don't need them. In fact - my mother used to have a will, but it's now totally inappropriate (was made ages ago), so she's had it destroyed and she's happy with the intestacy rules, as are all her offspring.

Yorkshireman99

securityguy wrote: »

As a general point, I would only refuse to be an executor if the testator were trying to do something utterly crazy. I don't quite hold YM's view that it's a sacred duty, but if someone asks you to be an executor, they are on the one hand asking you to do a lot of work, but on the other hand they are placing their faith in your probity and competence, and you should both respect and be honoured by that.

I would not get involved in an intestate estate unless I were the residual beneficiary and it was a large amount of money and it was obviously straightforward (essentially, unless it were my parents, who have regularly maintained wills anyway). If my hypothetical slightly dissolute brother were to die intestate leaving a small estate (I don't have a slightly dissolute brother) I wouldn't touch it, and anyone lower down the list of priority could have a crack were they so minded. In fact, were my hypothetical slightly dissolute brother to have hypothetical minor children I would probably still walk away, although it would be a harder decision. So the assumption that intestacy operates the same as a will is wrong in my view: stepping up to administer an intestate estate is "do I want to do work that the deceased couldn't be bothered to, for the benefit of relatives the deceased didn't care enough about to make a will?" to which the answer is, probably "No, I don't".

I do not regard executorship as a sacred duty but it should not be undertaken lightly! I do believe that it is wrong to appoint an executor without their prior knowledge. If it happened I would only accept the task if the family were happy with me doing so and agreed to cooperate. Really it depends on the circumstances and there is no one size fits all answer.

PhilE

Yes, get a will done by a solicitor qualified to do it. You never know what might come out of the woodwork, a proper will is peace of mind.

Flugelhorn

the only reason I felt that wills were important was the catastrophe clause - We were quite happy that the money would go to the kids if we wobbled off out perches but were not happy with intestacy if all 4 of us went together.