Home made will

Ratita_Presumida

I am now 49 & feel it’s about time I make a will, my health has been a burden to me most of my life which has caused a severe mental health problem

Could I compose my own Will & get a witness sign it ?
Ive been googling home made wills & from what I’ve read it may be possible 

I am to inherit my parents property although I imagine it will be in trust. However…… as it stands now the only person I want to include in my will is my partner 

I’ve no property nor anything of great value, just a few personal items that are very dear to me that I would want passed down to my partner should he still be alive

Should anything happen to me for example next week it would be such a shame not to have any instructions for my funeral 

My partner is Muslim, I grew up as a Christian although not in a religious household.

I have a poor relationship with my parents, I know there will be many problems between my husband to be & my father.

How can I ensure my last wishes are met such as what type of funeral I want.
This may be irrelevant but I was never christened 

Im experiencing financial hardship so I’m only able to put things in place such as who gets what by using a home made template for a will.

Advice would be very much appreciated 

MalMonroe

Hi, here's some information from the government -

https://www.gov.uk/make-will

As you say there will be problems between your partner and your father, it might be best to have a 'legal' will, rather than one you draw up yourself. You can draw one up yourself though if that's what you prefer and you'll need to have two witnesses, neither of whom will be allowed to benefit from your will.

I'm really sorry to hear of your health, and other, problems and hope that once you've managed to sort out your will you will be able to enjoy your life a bit more, especially as you are planning to marry your partner - hopefully a happy new chapter for you.

(For what it's worth my daughter was never christened either as her father and I felt that she should be allowed to choose her own religion, if she wanted to, when she was old enough to do so. She hasn't suffered at all by not being christened.)

If you need help with financial hardship, you could try contacting one of the free debt help agencies - National Debtline, StepChange or Citizens Advice. All offer free, friendly, confidential, non-judgemental help without any obligation. 

Savvy_Sue

I'd get this done with a proper solicitor (Not an online will  writing outfit)

Your situation is not as straightforward as you imagine. Once you're married, if you die without a will then everything would pass to your husband (where there are no children).

But if you die now, he's entitled to nothing, and may struggle to be allowed to arrange your funeral, even if he knows what you want. 

How soon are you marrying? Marriage invalidates a will, which may not matter if everything is to go to spouse, BUT if it's written 'in contemplation of marriage' then it stands. How far ahead this can be done is something I don't know, but a solicitor will.

macman

For the relatively trivial cost of making a simple will, why take the risk?

YoungBlueEyes

Savvy_Sue said:

<snip>
How soon are you marrying? Marriage invalidates a will, which may not matter if everything is to go to spouse, BUT if it's written 'in contemplation of marriage' then it stands. How far ahead this can be done is something I don't know, but a solicitor will.

We had our wills made recently “in contemplation of marriage”. Solicitor asked when we’re getting married (no date set yet) so how about a year he asked. How about 2 years I said. Done. 

I don’t know if there’s a maximum time limit, but 2 years is possible. 

TBagpuss

Plans for any funeral should be separate from your will, people often won't see or be reading the will until after the funeral has happened.  You can include your wishes there but even if you do, make sure you have also written them out elsewhere and that your partner and parents know (at least in general terms) what you want and that you have prepared plans you would want them to follow.  Also, if the funeral plan is separate then you can change or update it without neeing to change your will evey time,

You can't force anyone to comply with wishes about a funeral but you can make plans, discuss them with you partner (and parents if you are unmarried) and make sure both have a copy of or know where to find your plan so they can refer to it.

If you aren't married your partner has no automatic right to arrange your funeral, or to inherit from you,  making a will and naming them as executor gives them the right to organise the funeral (although it coukd be done by someone else) .

You CAN make a homemade will if you want, the only legal requirements for a valid will are that it muct be in writing, signed by the testator (you) and by two witnesses, who must see you sign and must themselves sign the will in the presence of you and of each other. BUT it is very easy to get wrong, so it's usually a false economy and you would be better advised to get it done by a professional. 

bunnygo

as mentioned, funeral instructions should be separate from the will. Write a list of what you would like, sit down with your partner and make sure they know of that list and your wishes. You can't force anyone to comply with those - but if you trust this person enough to marry them they should follow your wishes. Frankly, you won't know about it!

Sounds like a quick trip to the registry office would make things a lot more straightforward before you do the will - but you really should spend a bit of money with a competent solicitor to make sure it all works out. You also need to consider what happens to your assets if your partner/spouse dies before you.

greyteam1959

Get a 'proper' Will drawn up by a solicitor would be the best advice I could give.
Many solicitors offer free Will writing in conjunction with local charities.
There is some excellent information available on this website.
https://www.moneysavingexpert.com/family/free-cheap-wills/

GaleSF63

Just a couple of points as you haven't said where you are - if in Scotland you only need one witness, and marriage doesn't invalidate a will.