Will writing

GaryBC

Hi all

Wife and I are about to write our wills and initial research suggests it might not be quite as straightforward as I thought it would be. 

I read, for example, that the writing of wills isn't actually specifically regulated. Solicitors are though so any service they provide surely must, by implication, be covered. But what about the so called 'independent' will writers? Has anyone any experience of, for example, "https://www.makeawillonline.co.uk/"? (Other firms are available!) 

Why are we looking at the independents rather than a solicitor? Quite simply it's the cost. Solicitors charge upwards of £200 per will while the independent I refer to above quotes £90 for both. What do I get for £300 from a solicitor (presuming a discount for the second one) that I don't get from the independent? Is it a genuine saving, or will the kids pay (in hassle and arguments etc) once we're gone? 

For context both wills will be the same: everything to her/him unless she/he goes first, in which case the two kids get the lot. Both kids will be joint executors too. Estate well below IHT threshold and no complicated holdings anywhere. A fairly 'vanilla' situation I'd have thought. 

Thanks! 

user1977

GaryBC said:

Why are we looking at the independents rather than a solicitor? Quite simply it's the cost. Solicitors charge upwards of £200 per will while the independent I refer to above quotes £90 for both. What do I get for £300 from a solicitor (presuming a discount for the second one) that I don't get from the independent?

You get somebody who is qualified and regulated.

Daniel54

This is one of the most important legal documents you will both ever be responsible for.

I would suggest getting it done properly via a suitably qualified solicitor

GaryBC

What do I get from a solicitor that I don't get from the independent?

poppystar

GaryBC said:

What do I get from a solicitor that I don't get from the independent?

I think you answered that yourself in that they are regulated. They will almost certainly also store the Will free of charge. A friend used a Will writer nearly twenty years ago and is still paying a small amount each month for storage which adds up. Also there is a system for transfer of documents is a solicitor ceases trading. What if your executors find the Will writer is out of business or has simply vanished when it comes to the time they need the Will? I also personally think a local solicitor where you can go in, speak to them, collect Will in person when it’s needed is a far better situation, but maybe that is just me being old fashioned! 

It may cost more now and I appreciate that money is tight these days for a lot of people but in the long run it’s likely to be only a very small percentage of the estate value.  

Mojisola

You may also find that the price quoted by the will-writer is just to reel you in and that you'll find all sorts of extras to the eventual bill.

Emmia

Personally, I'd always go to a fully qualified solicitor for a will - and I've done so twice already (and I'm in my early 40's). 

It's so important that it is right, and has traceability - once you've gone (and it is needed) you won't be able to clarify your intentions - your loved ones could also spend substantially more than the will cost untangling the situation you leave.

Looking at the website you linked to, I wonder if they do much talking to you about your intentions or the "what if" scenario, for example if you outlive your spouse or children and don't make another valid will...

I understand the desire for value, but this is important stuff with a cost that is probably a tiny percentage of your estate.

GaryBC

Hmmmm

Quite a few responses but, so far, no real answer. 
"Because they're regulated"... But what does that actually mean in practice? 
Storage and retrieval problems? HMCTS will look after it for life for £20. 
Untangling intent? What's there to untangle?
If my wife and kids go before me I'm not sure I'll need to care much! 
Hidden costs? Like what? 

user1977

Or rather than fretting about what the difference is, you could just find a cheaper solicitor.

p00hsticks

GaryBC said:

Untangling intent? What's there to untangle?

You just need to look at some of the threads on this board where people are trying to understand what badly drawn up wills  actually mean, or where the avowed intent of the deceased doesn't actually match what's ended up being written in the will.  

GaryBC said:

Hidden costs? Like what? 

A quick look at the link you posted suggests that they'll charge £15 to actually print and mail you a copy of the will. You've also already quoted the £20 you'd pay to then get that copy stored in HMCTS. So that £90 for two wills has now gone up to £160 for two hard-copy stored wills - close to double the headline figure. 

It also rather concerns me that it seems to be a service that simply lets you write your own 'digital' will (whatever that may be) and then gets a solicitor to check it - I can't see any mention of ensuring that it's properly signed and witnessed, and if it's not the whole will becomes invalid. 

Richard1212

As your Will contents are as simple as you imply (leaving whole estate of one to the other --- and if one of you has passed away, then all goes jointly to kids), there is absolutely no reason why you cannot write the Wills yourselves ( there are even DIY templates online that you can download). By the way, make sure there are separate Wills for both of you and ensure they are not regarded as "mutual Wills" by stating that fact clearly at the end of your Wills----that simple statement is important.  You must have 2 unbiased independent witnesses signing below your own signatures, and in your presence as you sign. That is a legally binding Will-----for FREE.

You must then keep the Wills where they are clearly available and it's a good idea to give copies to for safe-keeping to a few much trusted and responsible non-relatives who will know when a death has occurred ---a neighbour, a workmate, an old friend ( but change these people if the "originals" move away or lose contact with you). The two children should also have copies of the Wills---I am assuming they are 18 or over, otherwise they cannot be executors.

When only one of a couple is left alone, the original Will does not need to be changed ( because it is so simple that the remaining partner's whole estate is divided equally between the kids). And, in that event of only one of a couple remaining, ensure that the remaining Will is clearly marked as your Will and left in a place in your home where it cannot be missed ( as well as ensuring that copies are with the same sort of trusty folk  + executors as mentioned in the "2 Wills' scenario set out above ). 

The only other thing I can think of that may make this simple "Will-making" not work smoothly is if one or both of the children ( God Forbid) should have pre-deceased you. In that case, Will/s needs rewriting.

If the above does not appeal to you, then my advice is that a "Will-writing" service ( as long as fees are categorically agreed at the outset) is better in many ways than a solicitor and certainly, as you say, much cheaper----I know plenty of folk who have used Will-writing services and they ARE "regulated" by virtue of the fact they are members of a recognised trade body ( make sure they are such members). 

Some charities , such as cancer research UK, offer a free Will-writing service ( hoping you might include a donation to them----but just as helpful if you don't want to give the charity the odd £50 or whatever. Another very valid way of making a FREE Will/s).

Hope all or part of that is helpful and that your Wills ( which are so essential) do not have the cobwebs dusted off them for very many years. Good luck and happy New Year.