Lack of will

DanJ90

Hi All,
Many thanks for the replies once again. Unfortunately it looks like I know what needs to be done, I just need to figure out the best method of approaching the conversation with him.

74Jax - He is not end of life as such, he just has a fair few problems and with everything going on in the world at the moment would be classed as high risk. There was a will years ago, but my father told the people who were looking after the copies to throw them away as he was to draw up a new will (which never happened). I have reached out to the concerned parties and have confirmed that it was indeed thrown away with no record/method of tracing which solicitor drew up the will. 

In relation to splitting the estate - He has said numerous times that if anything were to happen to him then everything would be left to me, however without a will in place this is definitely not going to be the case due to the other external factors.

Thanks all for clarifying my initial thoughts. Most helpful!

Linton

DanJ90 said:

Hi all,
I really appreciate all of the responses. 
It looks like that I will need to have a sit down with him again and have another conversation, albeit probably an unpleasant one at that.
There is a likelihood that I will be able to find his other son, but from what I have been told he will not be welcomed back to the family (I believe he borrowed thousands from my grandfather many years ago and basically did a runner to another country and has never been in touch since). So realistically, I don't think my father or my grandfather would want him in the picture at all.

Would it seem reasonable to ask for him to sit down in front of my laptop, load up a will writing service and ask him to do one there and then whilst I go for a walk? Offering to pay would be more than worth the weight off my mind so that is a good idea, SevenOfNine.

As I said, its not about the money for me, I don't need it as I have a well paid job myself and my own mortgaged house. I just feel like when the time does eventually arise then it will be stressful as it is without having to go through all of these extra steps to ensure that all everything has been settled accordingly.

I suggest you dont try and force him to do anything.  Rather tell him that you understand his wishes not to write a will, explain what the legal implications are and ask for any information he has on his son.  That puts the ball in his court without you needing to be heavy handed.  Then if he continues not to want to sort out a will that is his decision which you must respect.

74jax

DanJ90 said:

Hi All,
Many thanks for the replies once again. Unfortunately it looks like I know what needs to be done, I just need to figure out the best method of approaching the conversation with him.

74Jax - He is not end of life as such, he just has a fair few problems and with everything going on in the world at the moment would be classed as high risk. There was a will years ago, but my father told the people who were looking after the copies to throw them away as he was to draw up a new will (which never happened). I have reached out to the concerned parties and have confirmed that it was indeed thrown away with no record/method of tracing which solicitor drew up the will. 

In relation to splitting the estate - He has said numerous times that if anything were to happen to him then everything would be left to me, however without a will in place this is definitely not going to be the case due to the other external factors.

Thanks all for clarifying my initial thoughts. Most helpful!

Did a solicitor draw up the will?  Just because others have distroyed it, doesn't mean that's it.
The solicitor could have registered it. 
I read this as there is a will, you just can't find it. 

McKneff

Could i just put in my tuppence worth, 
You say he has been hurt by his first son, sorry, but his first sons story  may be completely different to your fathers....
There are always 2 sides to every story
Just a though 

DanJ90

@Linton - Yes I agree, force was probably the wrong phrase, but like you say, try to explain to him the legal implications and added stress it will likely bring when the time comes. If he cares enough about me then hopefully this will trigger him into acting sooner rather than later.

@74jax - Just trying to find out if the will was drawn up by the solicitors or not. Is there a central database that they are stored under if that would be the case?

@McKneff - I would normally agree with you about two sides to every story however my grandad has confirmed what I initially posted, so I would be inclined to agree with my family at this point (unless there was evidence of course).

Flugelhorn

re wills being registered - some are, some aren't - do you know which solicitor it was ?

DanJ90

Hi All,
Quick update on this (For anyone still interested!).

I spoke to my dad as suggested and explained my concerns - thankfully he completely understood my reasons, especially with the whole CV19 situation. We drafted out a will with his consent yesterday (his wishes were very simple so no need for a solicitor drafted will) which was witnessed by two independent individuals who are not beneficiaries/family members.

I now have the will stored away in my safe amongst other documentation.

Many thanks for everyone's advice, greatly appreciated.

ames1010

Good news about the will, but I would take it to a solicitor and ask them to check over it to make sure it is 100% accurate. You could ask how much they would charge for this service- it’s so important as I’m involved in a family feud due to a will not being executed correctly! 

sammyjammy

The easiest way to avoid any contesting of the will is to specifically mention the son and explain why he does not inherit or leave a nominal sum.  Maybe not an issue if there is no contact but who knows whether the son is checking records of death!

Mojisola

sammyjammy said:

The easiest way to avoid any contesting of the will is to specifically mention the son and explain why he does not inherit or leave a nominal sum. 

Remember that a will becomes a public document - so don't put anything that you wouldn't want the whole world to know.

Sometimes a letter kept with the will is a better idea - a full explanation can be given in that.