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Easiest way to get a will sorted for dad.

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[FONT=&quot]Hi, was looking for some advice on wills and the easiest ways of obtaining one.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]My mum (dad’s wife) died July last year and i am an only child. My dad has said to me that he would want everything to go to me and he assumed it just would without a will. After my mum died it did open my eyes up to how much stuff you have to sort and luckily in her case she didn't have much to leave so didn't have to get probate involved. In my dad’s case probate would probably have to get involved and i was telling him how draw out that can be, he has always been a bit funny about talking about wills and has always just brushed it off and said it will all just go to you anyway you don't need a will. Since my mum’s died he seems to have come around to the idea and has now said if i can look into it for him.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]So what would be the easiest or cheapest ways of doing it, does it have to be by a solicitor and do you have to have someone independent present to also view the signing etc?[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]My dad doesn't venture out of his routine much, I’ve told him we may have to visit a solicitors etc to do it which i think he may be ok about, but he would really want it doing the easiest way possible.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Any advice would be great.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thanks[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]James[/FONT]
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Comments

  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    james_uk wrote: »
    [FONT=&quot]So what would be the easiest or cheapest ways of doing it, does it have to be by a solicitor and do you have to have someone independent present to also view the signing etc?[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]My dad doesn't venture out of his routine much, I’ve told him we may have to visit a solicitors etc to do it which i think he may be ok about, but he would really want it doing the easiest way possible.[/FONT]

    Use a solicitor - don't touch will-writing companies, no matter how good their spiel.
  • bouicca21
    bouicca21 Posts: 6,692 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Use a solicitor for a will.

    But whilst thinking in terms of future proofing, look into getting a lasting power of attorney. That you can do yourselves.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 February 2019 at 12:59PM
    Just call a few local solicitors and get prices from them. Make an appointment with the one you wish to go with and make an appointment for your dad, they'll draw it up and then invite him back in to sign it and they will get someone from the office to witness it. It's really quite simple.

    Some solicitors will do home visits if your dad would be more comfortable with that, though I assume there will be an extra charge for this.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    james_uk wrote: »
    [FONT=&quot]My mum (dad’s wife) died July last year and i am an only child. My dad has said to me that he would want everything to go to me

    Your Dad will need to think about what he would want to happen to his estate if you die before him - under the intestacy rules, his money could end up going to people that he wouldn't want to inherit.
  • Some points to think about:

    If you're not named as Executor in a Will then you will have to apply for Letters of Administration. This may be slower and more complicated than necessary, as if you are a named Executor then some banks etc will release funds to you almost immediately after death.

    What happens if you die first or at the same time? Without a Will and other relatives, the estate passes in bona vacantia which for most of England and Wales means The Crown gets it all. Your father would probably prefer to choose some appropriate charities to benefit.

    If the total estate is over £325k then there may be Inheritance Tax to consider. There may be allowances from your mother, or nil-rate bands on the house, but it needs to be considered. Probate may not be given if the IHT cannot be paid first, so eg if your father's assets are mainly property consideration may be given to what funds would be available in bank and savings to pay any IHT due.

    You need two independent witnesses to the Will (who cannot be executors or beneficiaries) and the Will must be signed by the testator in the presence of the witnesses who must also sign in the presence of each other.

    Most local solicitors can draw up a simple Will quickly and will make a house visit if necessary. Cost £100-200 depending on area and if house calls needed.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Robin9
    Robin9 Posts: 12,770 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When you see the solicitor take with you full names and addresses of yourself and your father together with his address. It all saves time.
    Never pay on an estimated bill. Always read and understand your bill
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Some points to think about:

    If you're not named as Executor in a Will then you will have to apply for Letters of Administration. This may be slower and more complicated than necessary, as if you are a named Executor then some banks etc will release funds to you almost immediately after death.

    What happens if you die first or at the same time? Without a Will and other relatives, the estate passes in bona vacantia which for most of England and Wales means The Crown gets it all. Your father would probably prefer to choose some appropriate charities to benefit.

    If the total estate is over £325k then there may be Inheritance Tax to consider. There may be allowances from your mother, or nil-rate bands on the house, but it needs to be considered. Probate may not be given if the IHT cannot be paid first, so eg if your father's assets are mainly property consideration may be given to what funds would be available in bank and savings to pay any IHT due.

    You need two independent witnesses to the Will (who cannot be executors or beneficiaries) and the Will must be signed by the testator in the presence of the witnesses who must also sign in the presence of each other.

    Most local solicitors can draw up a simple Will quickly and will make a house visit if necessary. Cost £100-200 depending on area and if house calls needed.

    Total lack of relatives is very rare.

    There will most likely be transferable nil rate band and if a house the two additional nil rate bands.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Total lack of relatives is very rare.

    There will most likely be transferable nil rate band and if a house the two additional nil rate bands.
    My apologies but to a person whi has no dealings with wills pow, trusts, etc the above is just total gobbledegook ,
    What does it mean
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 24 February 2019 at 2:05PM
    McKneff wrote: »
    My apologies but to a person whi has no dealings with wills pow, trusts, etc the above is just total gobbledegook ,
    What does it mean
    Don’t wprry about it. The solicitor will explain the technicalities tp you in due course. It only matters if there is no will.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    McKneff wrote: »
    My apologies but to a person whi has no dealings with wills pow, trusts, etc the above is just total gobbledegook ,
    What does it mean

    Because of the rise in house prices, more people are now getting into inheritance tax territory so it's worth knowing about the allowances -
    https://www.gov.uk/inheritance-tax
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