Can I (re)write my will myself?

castle96

I have a professionally written will leaving all to 3 sons equally. One son is now subject to an IVA - £300k! I do not wish my assets to possibly go towards this. To save expense, if I typed out a new will EXACTLY as the old, naming just 2 sons, got it correctly witnessed, would this be valid?

Marcon

castle96 said:

I have a professionally written will leaving all to 3 sons equally. One son is now subject to an IVA - £300k! I do not wish my assets to possibly go towards this. To save expense, if I typed out a new will EXACTLY as the old, naming just 2 sons, got it correctly witnessed, would this be valid?

Yes, but it might not achieve exactly what you want. I can understand the temptation to save expense now, but there really is no substitute for qualified professional help, preferably from a solicitor, to ensure that your will actually does what you want it to do - and do you really want to ensure that your third son gets nothing if you die tomorrow?

Mojisola

castle96 said:

I have a professionally written will leaving all to 3 sons equally. One son is now subject to an IVA - £300k! I do not wish my assets to possibly go towards this. To save expense, if I typed out a new will EXACTLY as the old, naming just 2 sons, got it correctly witnessed, would this be valid?

Of course.  A will doesn't have to be done by a professional - although the advice a solicitor can give you can prevent problems in the future.

As you've already had that advice and it's a simple removal of one name, I would do it.

I would get someone else to proof-read it for you to double-check it.

castle96

I would 'like' him to have his 1/3 but not if it has to go to creditors. I would get another will done after his 5/6 yrs of IVA is up (if I am still here). Why do you think it "might not achieve what I wanted"

shiraz99

castle96 said:

I would 'like' him to have his 1/3 but not if it has to go to creditors. I would get another will done after his 5/6 yrs of IVA is up (if I am still here). Why do you think it "might not achieve what I wanted"

Have you discussed this with your son(s).

Marcon

castle96 said:

I would 'like' him to have his 1/3 but not if it has to go to creditors. I would get another will done after his 5/6 yrs of IVA is up (if I am still here). Why do you think it "might not achieve what I wanted"

Because what you plan to do ensures he doesn't get anything if the will you intend to make is current when you die.

Robin9

@castle96  Is the son on any way financially dependent on you ?    If so I believe he could challenge the new will.

diystarter7

Robin9 said:

@castle96  Is the son on any way financially dependent on you ?    If so I believe he could challenge the new will.

Incredible. "dependent" as in having a disability and not being able to look after self or any circumstances? Thanks in advance if you are able or not to reply to this question.

Gers

castle96 said:

I have a professionally written will leaving all to 3 sons equally. One son is now subject to an IVA - £300k! I do not wish my assets to possibly go towards this. To save expense, if I typed out a new will EXACTLY as the old, naming just 2 sons, got it correctly witnessed, would this be valid?

As long as you're not resident in Scotland where you can't disinherit your children from equal shares in your moveable estate. If you are in Scotland then search the internet for 'legal rights'.

Mojisola

diystarter7 said:

Robin9 said:

@castle96  Is the son on any way financially dependent on you ?    If so I believe he could challenge the new will.

"dependent" as in having a disability and not being able to look after self or any circumstances?

No, just having regular financial contributions from you for living expenses.

Keep_pedalling

So what happens if you die having failed to make another will after his IVA is finished? he will be disinherited. 

On another thread you said your estate is £1M+ so why on earth would you not do this with a professional who would almost certainly come up with a better solution.