DIY Will and Power of Attorney

AprilKid

Hello dear Forumites, 

I'm wanting to draw up a Will and a Power of Attorney and need your advice please. 

My estate and affairs are all very simple. I'm single, have no children and wish to appoint my two siblings as the executors and equal beneficiaries of my Will. And to also name them both as my Attorneys for the LPA.

I've seen two different (standard & premier version)  "Last Will & Testament" packs in WHSmith and I'm assuming the standard version will suit my needs.
For the LPA, I will use the forms on the .gov.uk website.

So far so good and now for the questions I need help with please.

A: Can an expat be a witness to the Will & LPA?   (We been friends for half a lifetime and he's come back for the annual holidays to his home address here).

B: For the LPA, can one of the two witnesses also be the certificate provider, or does the certificate provider have to be a third person? 

C: I'd prefer a printed version, therefore am I correct in understanding that I need to fill in the LPA online here at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/600963/LP1F-Create-and-register-your-lasting-power-of-attorney.pdf , then print it, get everyone's signatures and then post it, along with the fee, to the OPG for registration?

Many thanks in advance for your help.

Thank you

Emmia

If you wish to save your siblings money, heartache and stress please get both of these things drafted by a proper solicitor - not an unregulated WH Smith pack, or a Will Writing Firm. 

If you need help finding a solicitor near you to do this:

https://solicitors.lawsociety.org.uk/

Keep_pedalling

Unless your estate is a very small one with no property involved you should not DIY it, get a local solicitor to do so. They will go through all the what if situations you have not thought about. The obvious one of these (as you will be appointing executors of the same generation) is who administers the estate if my siblings are no longer capable of doing so. 

You can DIY your LPAs just make sure your attorneys can act jointly and severally and avoid adding conditions that could make it invalid. Again you have the issue that your attorneys could lose capacity before you do. Do any of your siblings have adult children? 

Albermarle

: For the LPA, can one of the two witnesses also be the certificate provider, or does the certificate provider have to be a third person? 

If I remember correctly, you only need one witness to the signatures. 

I am not sure of the answer to your questions, but to be on the safe side I would avoid any potential holdups and have the certificate provider and the witness separate. Plus I would avoid a witness not normally resident in UK. Again just to be on the safe side.

Otherwise it is pretty straightforward to do the LPA yourself and no need for a solicitor, unlike with a will.

Keep_pedalling

The certificate provider can also act as a witness.

badmemory

A good solicitor will ask you so many what if questions when doing a will that they are well worth it.  Paying treble that for a POA however when all they can do is read the questions off the page, unless your circumstances are very complicated, seems a lot of money for very little help.

Sterlingtimes

The solicitor will ensure that there is no UNDUE INFLUENCE. Ideally, the solicitor will interview the will-maker without having potential beneficiaries (other than husbands and wives) present. 

Emmia

Sterlingtimes said:

The solicitor will ensure that there is no UNDUE INFLUENCE. Ideally, the solicitor will interview the will-maker without having potential beneficiaries (other than husbands and wives) present. 

I did my will entirely separately from my husband, personally I think the conversations should be 1 on 1 - just you and the solicitor. Even spouses can seek to influence.

missile

Many charities offer free will writing service

Emmia

missile said:

Many charities offer free will writing service

Usually in expectation of a bequest...

Sterlingtimes

Emmia said:

Sterlingtimes said:

The solicitor will ensure that there is no UNDUE INFLUENCE. Ideally, the solicitor will interview the will-maker without having potential beneficiaries (other than husbands and wives) present. 

I did my will entirely separately from my husband, personally I think the conversations should be 1 on 1 - just you and the solicitor. Even spouses can seek to influence.

Yes, you are quite right. Perhaps, I had a mirror will in mind.