National Trust Wills Service - Free Wills

Peter.Siffredi

Hello,

Has anyone used the national trust free wills writing service?

My mum has asked me to sort her will for her. I'm debating the quick and cheap option vs using a solicitor. Both my parents are alive and married, the only issue is that my dad isn't interested in writing a will - he's a stubborn old man who believes he can live forever and won't entertain any discussion on the matter.

 My parents estate is above the £325K threshold. They've got multiple children and grand children.

https://www.nationaltrust.org.uk/support-us/gifts-in-wills/free-will-writing?campid=PPC_Central_Fundraising_Google_AWLegacyNationalTrust&gad=1&gclid=Cj0KCQiAo7KqBhDhARIsAKhZ4ujb-aqFd3XMNxul87clmfZX3-mDOlSeMREk-3mgMCbBxuzGLmZH6y0aApX2EALw_wcB&gclsrc=aw.ds

I'm leaning towards using a professional solicitor, but wanted  to get a second opinion.

Thanks

Keep_pedalling

I would go with your leanings and use a local solicitor.

Sounds like your father is a lost cause so it is important that that your mother gets sound advice which will be particularly important if she is the one to go first. In her shoes I would be making sure my assets when exactly where I want them and not left to chance through the irresponsible actions of her husband.

I would not for instance let the house pass into his sole ownership, but instead leave my share to my children / grand children and just give him a life interest in. This would likely need her to sever the joint tenancy which she can do without his permission, but a local solicitor would be able to cover of this and any other concern at a face to face meeting.

Peter.Siffredi

Thanks, OK, next question do I need a professional solicitor as opposed to using a member of the society of will writers?

It seems a number of firms specialise in will writing without a solicitor which seems a little concerning...

https://www.willwriters.com/

SiliconChip

Please don't use anybody other than a solicitor, will writers may be cheaper but it could prove to be a false economy.

Keep_pedalling

Anyone can set up as a will writer as they are not regulated. There are probably some good ones out there, but if anything goes wrong your beneficiaries have no comeback as chances are the firm will no longer be in existence but the time it comes to light. Some also try to upsell trusts that are of dubious use.

The costs for a local solicitor will not be that high and this is one of the most important documents you will ever make so not one to penny pinch on.

Your mother should consider who would make the best executors and it sounds like your father would be a bad choice. She should also put lasting powers of attorney in place (does not require a solicitor) and again careful consideration needs to be given on who she appoints as attorneys.

RAS

With dad being a lost cause, it is all the more important that mum has a bomb proof will.

The starting point is that they both have a £325k allowance and if they own a house that could be increased to £1m in total.

Do either of them understand that if they die and the other partner remarries, everything could go to the new spouse and their children could get nothing? A solicitor will understand this.

But be careful of trusts. Severing the tenancy on a house and leaving the other spouse a life interest trust is one thing, as is leaving stuff in trust to underage grandchildren. Other trusts often mean losing control, paying large fees and high taxes.

Don't allow solicitors or will writers to up-sell LPAs that are easy and cheap to do online, or IHT wheezes.

And it costs a very small fee to deposit your will with the Probate Service. Yes, it can take three weeks to recover but that's a lot faster than your executors can find it if the original solicitors have gone bankrupt, closed shop etc.

JohnBrown53

Be careful when seeing offers of 'free' wills. There is no such thing as a free lunch! Ask yourself, why would a solicitor practice, bank, company or other organisation take the time and effort to write a will for you without charging? In most cases its because they will charge a fee or percentage of your estate on death during probate. Its a huge money spinner for them. You get your 'free' will and they collect, eg 2-5% of your estate (or a big fee) on death. In most cases the cost of a professionally drafted will works out far cheaper than paying later on a proportion of your estate, which would have gone to your descendants.

Also, be very careful if trying to write your own will, eg do-it-yourself wills from high street shops. For the sake of a few hundred pounds why would you risk it having errors or being invalid? Same goes for LPAs. Get them professionally drafted for peace of mind and avoid the dodgy 'free' will and LPA writing services you see being advertised online.

Keep_pedalling

JohnBrown53 said:

Be careful when seeing offers of 'free' wills. There is no such thing as a free lunch! Ask yourself, why would a solicitor practice, bank, company or other organisation take the time and effort to write a will for you without charging? In most cases its because they will charge a fee or percentage of your estate on death during probate. It’S a huge money spinner for them. You get your 'free' will and they collect, eg 2-5% of your estate (or a big fee) on death. In most cases the cost of a professionally drafted will works out far cheaper than paying later on a proportion of your estate, which would have gone to your descendants.

I don’t think that is true certainly not in most cases at least. The choice of executors is always down to the testator and solicitors only tend to be appointed where the testator has no one else, or family issues / feuds make it difficult to appoint children. 

You will find however unless the will is a very basic one fees will come in for any sort of complexity. So a long married couple with mirror wills leaving everything to each other then their children will be free, second or third marriages with children from more than one partner then you need to add trusts so cost is added. 

user1977

JohnBrown53 said:

Be careful when seeing offers of 'free' wills. There is no such thing as a free lunch! Ask yourself, why would a solicitor practice, bank, company or other organisation take the time and effort to write a will for you without charging? In most cases its because they will charge a fee or percentage of your estate on death during probate. Its a huge money spinner for them. You get your 'free' will and they collect, eg 2-5% of your estate (or a big fee) on death. In most cases the cost of a professionally drafted will works out far cheaper than paying later on a proportion of your estate, which would have gone to your descendants

The free will is still professionally drafted. Yes, the solicitors may well view it as being a loss leader because you (or at least your descendants) might come back to that firm later for chargeable work, but so what? The same applies if they're charging you normal rates.

Marcon

JohnBrown53 said:

Be careful when seeing offers of 'free' wills. There is no such thing as a free lunch! Ask yourself, why would a solicitor practice, bank, company or other organisation take the time and effort to write a will for you without charging? In most cases its because they will charge a fee or percentage of your estate on death during probate. Its a huge money spinner for them. You get your 'free' will and they collect, eg 2-5% of your estate (or a big fee) on death. In most cases the cost of a professionally drafted will works out far cheaper than paying later on a proportion of your estate, which would have gone to your descendants.

Only if you leave them a legacy in the will. If you don't, they get nothing from you or your estate. They can't 'charge' a percentage of your estate.

Keep_pedalling

Marcon said:

JohnBrown53 said:

Be careful when seeing offers of 'free' wills. There is no such thing as a free lunch! Ask yourself, why would a solicitor practice, bank, company or other organisation take the time and effort to write a will for you without charging? In most cases its because they will charge a fee or percentage of your estate on death during probate. Its a huge money spinner for them. You get your 'free' will and they collect, eg 2-5% of your estate (or a big fee) on death. In most cases the cost of a professionally drafted will works out far cheaper than paying later on a proportion of your estate, which would have gone to your descendants.

Only if you leave them a legacy in the will. If you don't, they get nothing from you or your estate. They can't 'charge' a percentage of your estate.

I think JB is referring to the solicitor not the charity.