Can my sons in-laws witness my will?

rolysatch

Hi

Just a quick query, my mum wants to write a will. I'm her son and I will be executor and a beneficiary, can my wifes parents witness her will?

any advice appreciated

thanks in advance

user1977

In theory yes, but consider whether anybody might want to quibble about it in the future (e.g. if you're getting more than any siblings you might have). Any reason she can't find someone who isn't family to witness it?

Marcon

rolysatch said:

Hi

Just a quick query, my mum wants to write a will. I'm her son and I will be executor and a beneficiary, can my wifes parents witness her will?

any advice appreciated

thanks in advance

Standard advice is to get independent witnesses who are not related to the testator/testatrix. Using your father in law and mother in law could be tricky if the will's validity is later challenged for any reason. Hopefully your mum is using a solicitor and not opting for the DIY route, so they can certainly advise on witnesses/provide them if your mum signs the document at their offices.

diystarter7

Marcon said:

rolysatch said:

Hi

Just a quick query, my mum wants to write a will. I'm her son and I will be executor and a beneficiary, can my wifes parents witness her will?

any advice appreciated

thanks in advance

Standard advice is to get independent witnesses who are not related to the testator/testatrix. Using your father in law and mother in law could be tricky if the will's validity is later challenged for any reason. Hopefully your mum is using a solicitor and not opting for the DIY route, so they can certainly advise on witnesses/provide them if your mum signs the document at their offices.

Hi

Great post. I just want a heads-up that OP is fully aware that the witnesses are not beneficiaries in any way.

Thanks

Keep_pedalling

Presumably she is getting a local solicitor to draft her will, in which case the solicitor and another member of staff will witness it. If she is not using a solicitor she should, DIY wills are a bad idea.

diystarter7

Hi OP

We know of people completing DIY wills and depending how complex it is, we too have done one and kept it simple. It was a free will online from a very respcted source and we are happy with it. FYI, we oen a property and several rentals, and have three kids all married and two mid/high-end cars, cash, PB's pensions and a bit more -

However, as time gos on we may go for a solicitor will but since leaving work and now just over 60 the free will has done us ok.

I have to add our kids have never asked for a penny and all understand what we want them to have and no bickering.

Do what you are comfy with as free wills sites operate for a reason as do solicitors ones

However, this is a read and even if you just skim through it, it may help you decide.

https://www.moneysavingexpert.com/family/free-cheap-wills/

Good luck.

BootcamperHF

diystarter7 said:

Hi OP

We know of people completing DIY wills and depending how complex it is, we too have done one and kept it simple. It was a free will online from a very respcted source and we are happy with it. FYI, we oen a property and several rentals, and have three kids all married and two mid/high-end cars, cash, PB's pensions and a bit more -

However, as time gos on we may go for a solicitor will but since leaving work and now just over 60 the free will has done us ok.

I have to add our kids have never asked for a penny and all understand what we want them to have and no bickering.

Do what you are comfy with as free wills sites operate for a reason as do solicitors ones

Good luck.

You cannot say that with any certainty as it will only be known if it meets your wishes when the time comes!

diystarter7

BootcamperHF said:

diystarter7 said:

Hi OP

We know of people completing DIY wills and depending how complex it is, we too have done one and kept it simple. It was a free will online from a very respcted source and we are happy with it. FYI, we oen a property and several rentals, and have three kids all married and two mid/high-end cars, cash, PB's pensions and a bit more -

However, as time gos on we may go for a solicitor will but since leaving work and now just over 60 the free will has done us ok.

I have to add our kids have never asked for a penny and all understand what we want them to have and no bickering.

Do what you are comfy with as free wills sites operate for a reason as do solicitors ones

Good luck.

You cannot say that with any certainty as it will only be known if it meets your wishes when the time comes!

Hi

I never said there was "certainty" what I said was "the free will has done ok" and please read it in the full context of the post - ie "we may for a solicitors as time goes on"

Any will can be challenged and overturned by a just as per recent court cases

Thanks

Keep_pedalling

diystarter7 said:

Hi OP

We know of people completing DIY wills and depending how complex it is, we too have done one and kept it simple. It was a free will online from a very respcted source and we are happy with it. FYI, we oen a property and several rentals, and have three kids all married and two mid/high-end cars, cash, PB's pensions and a bit more -

However, as time gos on we may go for a solicitor will but since leaving work and now just over 60 the free will has done us ok.

I have to add our kids have never asked for a penny and all understand what we want them to have and no bickering.

Do what you are comfy with as free wills sites operate for a reason as do solicitors ones

However, this is a read and even if you just skim through it, it may help you decide.

https://www.moneysavingexpert.com/family/free-cheap-wills/

Good luck.

I really don’t understand why someone with your level of assets would DIY your wills. You will never know if the will “has done you OK” because errors will not be picked up until you are dead.

Skimping a few hundred on a couple of wills will cost a tiny fraction of your wealth but could cost your benefices many thousands if you get it wrong. The risks may be small but the consequences could be massive.

 

Emmia

The thing is, you scrimping on your wills saves you money, but leaves those who have to deal with your estate (when you are no longer around to express your wishes) in a potential world of financial pain... money that might ultimately come from your estate and paid to your loved ones, instead goes lawyers at that point as you want to save a few quid now.

I spent £250 on a solicitor drafted and properly witnessed will a couple of years ago (I see having my affairs sorted, as an act of love to those I leave behind) how much is that as a percentage of your net worth / monthly income.

poppystar

Emmia said:

The thing is, you scrimping on your wills saves you money, but leaves those who have to deal with your estate (when you are no longer around to express your wishes) in a potential world of financial pain... money that might ultimately come from your estate and paid to your loved ones, instead goes lawyers at that point as you want to save a few quid now.

I spent £250 on a solicitor drafted and properly witnessed will a couple of years ago (I see having my affairs sorted, as an act of love to those I leave behind) how much is that as a percentage of your net worth / monthly income.

Totally agree. The way I look at it is I pay more than that to insure my house for a year or for my broadband for a year or on a car service each year ..etc etc. So to have my affairs in order and easy for my executors and to revisit that maybe every five years or as things change seems quite reasonable in comparison. My last will cost around £170 and, of course, it is stored for free by the solicitor.