Do I need a Solicitor to write my Will? Complicated circumstances.

bflare

Hello. My Father recently passed away & he had no will & this has made me realize that I should probably get a Will sorted for myself. However, I am finding it a little overwhelming. There appears to be different types of Wills & of cause different fees. I was thinking of using a Will writing service such as the Co-Op who are SRA-regulated & are offering a Will at £99. I have also enquired to a solicitor who have given me an initial quote of £350. I am single, no mortgage, very little savings but do have a Death in service pension that I would like to go to my Son who is currently 14 years of age. The complicated thing is guardianship. I currently have full custody of my Son but this isn't through the courts. My Son refuses to live with his Mum & due to her current life style I took the decision to have him live with me. His Mum has not contested this. However, I believe if I was to die my Son would automatically be place in the care of his Mum which I would not want & neither would my Son. I don't believe there is any chance of getting a court order at the moment as his Mum would have to agree to mediation which she has refused to do in the past & we have not heard anything from her in a while. Taking this into consideration should I talk to a solicitor or regarding a Will or would I be able to use an Will writing service such as the Co-Op? Also, do  I need to appoint a trustee for my Death in service pension? Thanks. 

Keep_pedalling

You really do need a solicitor to cover all bases, but having said that there is nothing you can put in a will that can stop your son’s mother being given custody of your son that would be down to a court to decide. You will need trustees to manage anything your son inherits and the pension if you die before he reaches 18, ideally they should also be your executors.  

xylophone

Do I need a Solicitor to write my Will?

No, BUT

Complicated circumstances.

YES!

do  I need to appoint a trustee for my Death in service pension? Thanks. 

Presumably you have completed a Nomination form and sent it to the Administrators of your scheme.

It might be possible for you to  choose a friend or relative (or even the solicitor/his firm) as the Trustee of a Bare Trust for your son and name that person on your form of nomination.

However, this needs to be discussed with a solicitor expert in Wills and Trusts.

https://content.step.org/step-directory

Voyager2002

The most important issue is to consider who will take care of your son should the worst happen.
His mother's refusal to take part in mediation would NOT impress a court, which in any case would need to make the decision that is in the child's best interests. By the time a child is 14 or older the court would pay a lot of attention to what the child said he would like to happen.

bflare

Voyager2002 said:

The most important issue is to consider who will take care of your son should the worst happen.
His mother's refusal to take part in mediation would NOT impress a court, which in any case would need to make the decision that is in the child's best interests. By the time a child is 14 or older the court would pay a lot of attention to what the child said he would like to happen.

So if the worse happened to me would my Son automatically go to live with his Mum or would the courts look into the situation first with him being 14 years old? I have briefly spoken with my Son about this & he intermated that he would ask to live with his older Sister who is 27 & most definitely not his Mum. My thinking was to name someone other than his mum as a guardian in my Will & even though this wouldn't be legally enforced as his Mum has parental responsibility it may highlight my wishes.

theoretica

You need to make it clear to the death in service (not through the will) if you do not want your son's mother to be trustee for this sum.

Marcon

theoretica said:

You need to make it clear to the death in service (not through the will) if you do not want your son's mother to be trustee for this sum.

Just to add to this very helpful reply - check if there is both a child's pension and a death in service lump sum if you die while you are still working for this employer and your son is under 18 (or possibly older - normally up to 23 if the 'child' is still in full time education or training). 

bflare

xylophone said:

Do I need a Solicitor to write my Will?

No, BUT

Complicated circumstances.

YES!

do  I need to appoint a trustee for my Death in service pension? Thanks. 

Presumably you have completed a Nomination form and sent it to the Administrators of your scheme.

It might be possible for you to  choose a friend or relative (or even the solicitor/his firm) as the Trustee of a Bare Trust for your son and name that person on your form of nomination.

However, this needs to be discussed with a solicitor expert in Wills and Trusts.

https://content.step.org/step-directory

The form I was sent by the pension company as the scheme is now winding up so it has been frozen is called a Discretionary Trust for Pension Policies. Within the form it asks me to complete a Trust Deed with beneficiaries & then an additional Trustee. So I was thinking of listing my Son as the beneficiary & then listing my close friend as the additional Trustee. I have to admit that I am completely baffled when it comes to these things. 

bflare

theoretica said:

You need to make it clear to the death in service (not through the will) if you do not want your son's mother to be trustee for this sum.

Even though we were never married? 

bflare

Marcon said:

theoretica said:

You need to make it clear to the death in service (not through the will) if you do not want your son's mother to be trustee for this sum.

Just to add to this very helpful reply - check if there is both a child's pension and a death in service lump sum if you die while you are still working for this employer and your son is under 18 (or possibly older - normally up to 23 if the 'child' is still in full time education or training). 

I think I need to contact Aviva as the letter says they the scheme is now winding up so the benefits, previously held by the trustee(s) under the scheme are now owned by me personally. I am more confused as ever to be honest. All I want is to make sure that if I die before retirement age any lump sum will go to my Son. 

Keep_pedalling

bflare said:

xylophone said:

Do I need a Solicitor to write my Will?

No, BUT

Complicated circumstances.

YES!

do  I need to appoint a trustee for my Death in service pension? Thanks. 

Presumably you have completed a Nomination form and sent it to the Administrators of your scheme.

It might be possible for you to  choose a friend or relative (or even the solicitor/his firm) as the Trustee of a Bare Trust for your son and name that person on your form of nomination.

However, this needs to be discussed with a solicitor expert in Wills and Trusts.

https://content.step.org/step-directory

The form I was sent by the pension company as the scheme is now winding up so it has been frozen is called a Discretionary Trust for Pension Policies. Within the form it asks me to complete a Trust Deed with beneficiaries & then an additional Trustee. So I was thinking of listing my Son as the beneficiary & then listing my close friend as the additional Trustee. I have to admit that I am completely baffled when it comes to these things. 

Being completely baffled is a very good reason to to speak to an expert.