What should I do - will ?

McClane54

Hello everyone I’ve had a look and I’ll keep looking in the forum . 

Keep_pedalling

Does he have any closer relatives than you? Normally I would strongly recommend that he gets a will drafted up by a solicitor but unless he has children who might challenge a will this might be a case where a simple DIY will all that is needed.

McClane54

Hi, thank you for that. 

he does have 2 sisters - who don’t talk to him. He also has a daughter who he hasn’t spoken to for over 30 years  and he wants to make sure no-one gets anything apart from me as he’s been like a second father to me and we’ve been there for each other all my life. 

He could leave all his positions to a charity if he wants, I’m not bothered . He just doesn’t want anyone else to get or try to get anything once he’s gone . 

user1977

Is there a reason he's asking you to sort out the solicitor? i.e. is he too unwell to do so himself? A solicitor might be wary of the sole beneficiary "helpfully" arranging everything.

McClane54

Yeah I see what you mean. He needs me to drive him around getting shopping etc and I’m the only blood/family member who he’s spoken to and see’s in decades (various family issues in the past)  he seen me being born and has been there for me all my life . 

Maybe I’ll give him some solicitor numbers so he can ring and make appointments etc 

p00hsticks

McClane54 said:

Yeah I see what you mean. He needs me to drive him around getting shopping etc and I’m the only blood/family member who he’s spoken to and see’s in decades (various family issues in the past)  he seen me being born and has been there for me all my life . 

Maybe I’ll give him some solicitor numbers so he can ring and make appointments etc 

That sounds sensible - and if you do have to take him there, don't go in with him. Try to keep as much distance from the process as possible to avoid either inadvertently invalidating the will or later being accused of undue influence.  

Keep_pedalling

What part of the UK are you in? Scottish law is very different to England and Wales. In Scotland you can’t totally disinherit a child.

FlorayG

You can get 'free wills' from various charities; google it and obviously, choose a well known and (usually) national charity. They will send you a list of solicitors that do this arrangement with them and a simple will genuinely is free (although my solicitor charged a small fee for identity proofs). Then make the appointment, take your uncle to the office and leave him alone with the solicitor to make his will. The legal copy stays with the solicitor and he can have a photocopy if he wants one or just a document that says where his will is kept. This latter would safeguard you as you can then genuinely say, on his death, that you had no idea what was in his will and this will prevent his closer relatives from disputing. Your uncle should also include with the will a letter, drafted by the solicitor, detailing why he wants to leave everything to you/charity and nothing to other relatives. This might cost a few pounds but will make things even more clear.
My mother wanted to leave everything to me and almost nothing to my sister and this is how we did it. In the end, my sister didn't contest so the letter was never read, but it gave my mother peace of mind. I didn't see her will until after she died.
If your uncle isn't able to visit the solicitors office the solicitor will come to his house but obviously that won't be free

Stubod

WIth only a relatively small amount of money and no property he may want to consider going DIY? Important that the will signing is witnessed by 2 people, (not beneficieries). Would also be helpeful if you uncle wrote a covering letter explaining why he is leaving everything to you?

silvercar

Some may say it is worth leaving say £100 to his daughter. This would show that his actions were deliberate and didn’t momentarily forget he had a daughter.

FlorayG

silvercar said:

Some may say it is worth leaving say £100 to his daughter. This would show that his actions were deliberate and didn’t momentarily forget he had a daughter.

That can be stated in the will "To my daughter I leave nothing"