Writing a Will

UnsureAboutthis

Hey. I've read the MSE article about making a Will.
We did a free, online Will last year where we decided to leave an equal amount to all of our children. We have given them a good amount of money in recent years in order to try and keep closer to the  1 million for couples levels

The Will needs to be clear that we won't be leaving a penny to one of our children who in recent months we have seriously fallen out with.  We have already given him money and is comfortably well off like her siblings but his behaviour has changed.

We want to split the will in different percentages, EG leave  a grandchild/our children's percentages
We were going to leave all of the money to our three grandchildren if any money is left over if a care home is ever needed. I have read about making a will for those under the age of 18 and no matter what we say in the will, EG child can't access money/most of it until 25 etc does not apply

We want a will that is easily adapted and not wanting to pay the 200/odd pounds again and again

Any ideas, etc, please?

Btw, On this site the article about Will, they mention the Co-Op for a hundred pounds, What do you think

We are aware it will mean selling the properties/etc

Do we need to state in our new Will that we do not want to leave anything to one of the children and possibly give a reason as this may help any arguments etc?

Keep_pedalling

With an estate north of £1M and owning several properties you would be foolish to not get a will drawn up by a solicitor after you have had a face to face meeting. Doing it on the cheap on-line is not a sensible option. A solicitor will go through all the what if situations you have not even thought about.

Newly_retired

I have just paid a solicitor to write my will. He didn’t raise any ‘what if?’ situations, probably because I had already thought of them, when making my previous will. 

Mojisola

UnsureAboutthis said:

The Will needs to be clear that we won't be leaving a penny to one of our children who in recent months we have seriously fallen out with. 

We want a will that is easily adapted and not wanting to pay the 200/odd pounds again and again

Do we need to state in our new Will that we do not want to leave anything to one of the children and possibly give a reason as this may help any arguments etc?

Once a will has gone to probate, it is a public document.

When doing family history research I love finding wills that set out all the family quarrels and just what the deceased thought of certain relatives but it can't have been nice for them at the time and best avoided.

Make a new will with a good solicitor.  Set out your reasons for the unequal division of your estate and make sure the solicitor makes notes of them and keeps those notes with your will in case the will is challenged.

It's also advisable to write a letter to be kept with the will which can be produced if there is a challenge.  You can be very plain in your explanation as this wouldn't become public.

Make sure the current will is destroyed so that those signed wills can't be produced at some time in the future. 

Richard1212

You don't mention it but I assume your first priority is to leave all your estate to your partner in the event of one of you dying------normal living costs are bad enough but residential home costs can be a huge amount if your widow/widower needs such care. We spent a fortune ( literally)  for over 12 years for the best residential care available in our area when my Mum suffered from dementia, after my Dad's death. I think that sort of factor must always take priority when making a Will. It will then be for the remaining spouse to make a new Will after their spouse's death.

But you know all that so all you need is to tell a good solicitor exactly what you have told this forum (and more), together with any requests about funeral arrangements (location, epitaphs, music etc etc). Most certainly make a big point to stress that you do not want one son to receive anything at all and make it quite clear that it was the strongest wish of both of you. 

Just tell the solicitor to write the Will in your own words as transcribed by him/her----and let the solicitor add all the necessary legal boring stuff. If you are well off, ask him/her to come and visit you at home and either write out what you want exactly as you want to say the words or just tell him the whole thing while he takes down the words that you wish.

If it is the second Will ie after death of spouse, think who executor should be---preferably the solicitor in my opinion---but if not then sound out your choice of Executor asking him/her whether he/she feels about about taking on the role, without telling him/her what is in your Will, especially if it is one of the beneficiary children.

XzavierWalnut

I used the Co Op several years ago, and was advised to not make the will very specific e.g. not describing specific items like a car etc. Instead splitting the estate by percentages to whom you wish.
When they see how much you have they will probably try to sell you Lasting Powers of Attorney as well, which are a lot more expensive than a will.

RAS

XzavierWalnut said:

I used the Co Op several years ago, and was advised to not make the will very specific e.g. not describing specific items like a car etc. Instead splitting the estate by percentages to whom you wish.


When they see how much you have they will probably try to sell you Lasting Powers of Attorney as well, which are a lot more expensive than a will.

You can do the LPAs on line yourselves for a small fee. You don't need a solicitor.

Regarding wills, the Co-op are right, you leave "any property I own" to xxxxxx, not 44 Acacia Avenue, as you may have moved meantime. 

In this situation, you would be foolish to use a will writer or DIY, you need a proper STEP solicitor and to go to them with copious notes detailing what you want to achieve, and why.

UnsureAboutthis

Cheers to all. Everything noted.

Mojisola

Richard1212 said:

But you know all that so all you need is to tell a good solicitor exactly what you have told this forum (and more), together with any requests about funeral arrangements (location, epitaphs, music etc etc).

It's probably better to have funeral arrangements (especially details like music, flowers, etc) separate from the will. 

Some families will get the funeral out of the way before getting the will from storage and starting on all the admin.

Have that kind of information in an easily-found folder in your home.  Even better, discuss it with your children while you are alive.