Will Questions

barnstar2077

I don't know which is the right forum to put this in, so I will just put it here.  If it is in the wrong place then hopefully someone will move it for me (Thank you!)

So, I have been very negligent in not having a will made up.  I want to rectify that and have been in correspondence with a local law firm.

They have said that they hold the original will upon completion and that they will give me copies to distribute as I see fit.  I had assumed that the executer would keep the original.  What if the solicitors were to go out of business?  Excuse my ignorance, is this how it is usually done?  

They have asked me to fill in a questionnaire to be able to produce the will, and one of the questions was if there was someone who may be expecting some money, but who would not be left anything in my will.  I emailed the law firm and asked them why this was relevant, and they responded that there were extra steps that could be taken under those circumstances.  I was under the impression though that if a will was signed by someone of sound mind (I probably am), and there were no dependents (I am not married, nor do I have children) who could be made homeless / penniless by the will then it would be legally binding anyway.  I really want to be able to sleep easier knowing that my beneficiary will receive my estate regardless, but I don't want to be taken for a ride either.  Is there anyone knowledgeable enough to know if just making the will should be enough?

Edit:  Sorry, I probably should add that I have siblings and one surviving parent, but that I wish to leave everything that I own to my ex.

Thank you.

Browntoa

If the solicitor closed then another firm is allocated to take over , you would be notified of the change.

The question covers the eventuality of a sibling  , for example , attempting to challenge the will . It's also standard practice

barnstar2077

Browntoa said:

If the solicitor closed then another firm is allocated to take over , you would be notified of the change.

The question covers the eventuality of a sibling  , for example , attempting to challenge the will . It's also standard practice

Thank you for clearing that up.  How can the will be challenged though?  Surely the whole point of the will is so that you decide where the money goes?  I could understand if I had children.  I don't owe a sibling anything though, they are not dependent on me.  What challenge could they bring? 

Savvy_Sue

They can't necessarily bring a challenge, but the solicitor doesn't know that unless they ask the questions. When they've asked any supplementary questions, they may conclude that no additional steps need to be made. 

You can also have your will lodged with the Probate Registry prior to your death, and there are other non governmental 'registers' available. Our solicitor didn't seem to be particularly familiar with the Probate Registry option, and that's the only one which will definitely be checked, come the time to execute the will. But your solicitor keeping the original isn't a bad option. 

Browntoa

The only real grounds for contesting are financial . If the sibling has been financially supported by you or lived in your property rent free then there may be a remote possibility .

naedanger

barnstar2077 said:

Browntoa said:

If the solicitor closed then another firm is allocated to take over , you would be notified of the change.

The question covers the eventuality of a sibling  , for example , attempting to challenge the will . It's also standard practice

Thank you for clearing that up.  How can the will be challenged though?  Surely the whole point of the will is so that you decide where the money goes?  I could understand if I had children.  I don't owe a sibling anything though, they are not dependent on me.  What challenge could they bring? 

Anyone can launch a legal challenge against a will but they will not necessarily be successful. However you want to reduce the risk of any challenge because even if it is unsuccessful it might still cost the estate money in legal fees and create stress/work for the executor and/or beneficiaries.

If the solicitor knows there might be a challenge then he can take steps to minimise the risk of any challenge even arising far less being successful. For example he might suggest leaving someone you were deliberately excluding a token amount (e.g. £1) to avoid the risk of them challenging that you had simply made an error and forgotten to include them. Or the solicitor might suggest that a side letter be written where you explain your reasoning or give more information - this could help see off any challenge.

And remember the solicitor probably knows very little about you at this point so the question is likely to be covering  a possibility that does not exist in your circumstance. If your affairs are straightforward with minimal risk of challenge then the  question may not be relevant in your case.

TBagpuss

The questions will be standard ones. 
They ask if there is anyone who might be expecting money so they can address that.

For instance, one basis for a will to be challenged is if there is a suggestion that the person making it lacked mental capacity or that they were subjected to undue influence.
If you were choosing to exclude someone who might normally be expected to inherit (say, a child or spouse) then it would be prudent for the solicitors to ensure that there is a detailed note or even a note in the will, explaining why you have chosen to exclude  them, so that that person can't pop up later and say  "Clearly Barnstar didn't have full capacity - they'd forgotten the existence of their child / spouse, so the will should be set aside" 

It's basically the solicitor making sure that they have all relevant information to ensur that they prepare a will which achieves your  desired outcome.

In terms of storing the will, it's your will. You can chose to keep the original yourself if you want, but its very common for solicitors to store them - they typically have secure storage and (assuming it is an actual solicitor, not a will writer) they are highly regulated so in the event the firm you use went under, the regulatory body would appoint another firm to take over responsibility, and if they lost the will they, rather than your estate, would foot the bill for sorting it out. 

You don't have to give your executor a copy at this stage, although it is sensible to check that the person / people you plan to name as executors are happy to act, and to ensure that they know where the will is, (either by telling them, or by keeping a reasoned somewhere obvious - for instance, I have a copy of my will in a clearly marked folder, kept with things such as share certificates and copies of my tax returns, and the copy will has with it a note of where the original is stored, together with a letter setting out additional notes (e.g. details of which of my pictures are originals and may have a value, and which aren't, and which of my books might be worth getting valued before they clear the house, and my suggestions as to how they use the discretion I have given them in my will, regarding other home contents

xylophone

The only real grounds for contesting are financial . If the sibling has been financially supported by you or lived in your property rent free then there may be a remote possibility .

However remote, a challenge can be attempted. It is always worth leaving a letter of explanation with the will if there is the possibility of a dispute.

I recall a case where a middle aged lady (who had always lived with her mother (nursed her through MS to her final days) and was T-I-C of their home) was faced with a  challenge - ( her brother contested the bequest of the mother's interest in the property to his sister, even though he had been left half the residue).

This was despite the fact that the brother was a company director and owned his own home!

In the end, after involving solicitors and spending a large sum of money, the challenge was dropped but it was exhausting for the lady who was quite convinced that she might have to sell up.

If the mother had left a letter explaining that she wanted her daughter to be sure of a secure roof over her head after so many years of  full time care when she was unable to go out to work, the challenge may have been much less likely?

Mojisola

xylophone said:

However remote, a challenge can be attempted. It is always worth leaving a letter of explanation with the will if there is the possibility of a dispute.

I'd second this.  My parents did this to explain why their estate was divided in the way it was.  We all knew what their will said and agreed with their reasons but their solicitor said that people can change and advised them to do the letter.

Unlike the will, the letter of explanation doesn't become a public document so the testator can be very forthright if they want to be.

barnstar2077

Thank you to everyone, I will take your advice and leave a letter explaining my reasoning.