What should I do - will ?

McClane54

Thank you for ok your replies so far! 

I’ve found a local solicitor (big company) and told him to ring to start the process . has he’s house bound unless I take him, I’ll be driving him to and form the appointment 

madbadrob

Leaving nothing to a child is fraught with danger.  They can contest the will under the inheritance act of 1975 stating they have not received "reasonable financial provision".  The chances of success are small but id expect if they were to do this where a neice or nephew inherits all to suggest coercion.  They would have to prove this so as others have said distance yourself from the process of the will being made.  This is the case that led to this https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-33684937

Your uncle will most definately need a will because under intestatcy his daughter would get the lot.  

I also remember a case where a daughter was left nothing by her mother who died leaving a substantial estate.  I have a vague memory that the DHSS argued that the will should be changed because her daughter was on beneifts and this money would take the burden of the state and because of the amount involved she would have a much better life with it than she does now.  Again animal charities were to get it all and of course they argued the opposite.  DHSS won I vaguely remember.   I cant find the case now and wish id saved the link.

So whilst id normally agree with those suggesting a simple will in this case id be inclined to go down the solicitor route.  Its been mentioned that some solicitors will provide wills free for charity.  This is an excellent idea but its technically not free because there as to be a gift to the said charity in the will or in some occasions a donation at the time of making the will.  

Rob

madbadrob

madbadrob said:

Leaving nothing to a child is fraught with danger.  They can contest the will under the inheritance act of 1975 stating they have not received "reasonable financial provision".  The chances of success are small but id expect if they were to do this where a neice or nephew inherits all to suggest coercion.  They would have to prove this so as others have said distance yourself from the process of the will being made.  This is the case that led to this https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-33684937

Your uncle will most definately need a will because under intestatcy his daughter would get the lot.  

I also remember a case where a daughter was left nothing by her mother who died leaving a substantial estate.  I have a vague memory that the DHSS argued that the will should be changed because her daughter was on beneifts and this money would take the burden of the state and because of the amount involved she would have a much better life with it than she does now.  Again animal charities were to get it all and of course they argued the opposite.  DHSS won I vaguely remember.   I cant find the case now and wish id saved the link.

So whilst id normally agree with those suggesting a simple will in this case id be inclined to go down the solicitor route.  Its been mentioned that some solicitors will provide wills free for charity.  This is an excellent idea but its technically not free because there as to be a gift to the said charity in the will or in some occasions a donation at the time of making the will.  

Rob

Since writing that i have found the supreme court ruling and the overturning of the lower courts ruling https://www.boltburdon.co.uk/blogs/supreme-court-sides-animal-charities-daughter-deceased/#:~:text=Upon hearing the charities' appeal,and a further £20,000.

boingy

madbadrob said:

So whilst id normally agree with those suggesting a simple will in this case id be inclined to go down the solicitor route.  Its been mentioned that some solicitors will provide wills free for charity.  This is an excellent idea but its technically not free because there as to be a gift to the said charity in the will or in some occasions a donation at the time of making the will.  

Rob

That's not correct Rob. Making a donation to the charity is not obligatory. Of course you are strongly encouraged, some would say pressured, to do so but you don't have to.

diveunderthebonnet

Has he got money for his funeral or will that come out of the 10 grand that he is leaving.

madbadrob

boingy said:

madbadrob said:

So whilst id normally agree with those suggesting a simple will in this case id be inclined to go down the solicitor route.  Its been mentioned that some solicitors will provide wills free for charity.  This is an excellent idea but its technically not free because there as to be a gift to the said charity in the will or in some occasions a donation at the time of making the will.  

Rob

That's not correct Rob. Making a donation to the charity is not obligatory. Of course you are strongly encouraged, some would say pressured, to do so but you don't have to.

In the free will month you are right however ive not yet come across a solicitor who will provide a will for free without the donation.   Also I would find it morally wrong to use this "good will" just to save a few hundred quid to protect your assets and their disposition on death

Rob

KxMx

Solicitors can often do home visits. 

boingy

madbadrob said:

boingy said:

madbadrob said:

So whilst id normally agree with those suggesting a simple will in this case id be inclined to go down the solicitor route.  Its been mentioned that some solicitors will provide wills free for charity.  This is an excellent idea but its technically not free because there as to be a gift to the said charity in the will or in some occasions a donation at the time of making the will.  

Rob

That's not correct Rob. Making a donation to the charity is not obligatory. Of course you are strongly encouraged, some would say pressured, to do so but you don't have to.

In the free will month you are right however ive not yet come across a solicitor who will provide a will for free without the donation.   Also I would find it morally wrong to use this "good will" just to save a few hundred quid to protect your assets and their disposition on death

Rob

It's always easy to moralize on the Internet, and this forum is particularly good at it. ;p

FlorayG

madbadrob said:

Leaving nothing to a child is fraught with danger.  They can contest the will under the inheritance act of 1975 stating they have not received "reasonable financial provision".  

 Its been mentioned that some solicitors will provide wills free for charity.  This is an excellent idea but its technically not free because there as to be a gift to the said charity in the will or in some occasions a donation at the time of making the will.  

Rob

Children can only contest under 'reasonable provision' if the benefactor has been making provision previous to death. If you've been giving your child £100 a month for years then you are deemed to have a responsibility for that amount after your death. If the child has been totally self-supporting and rarely in contact, this doesn't apply.
As for 'free' wills - yes they are FREE when I made mine I did NOT have to make any bequest or donation to the charity. Of course I did, it's a bit mean not to, but it's not a requirement and that's how it works, they guilt trip you

BungalowBel

I always think it is very sad when parents and children are estranged.  Obviously we don't know the circumstances in this case, so I am not judging, just saying that I find it very sad.

I would have thought a DIY will, stating his wishes and with a covering letter saying that as  the OP is the only member of his family he has had any relationship with, that is why he wants them to inherit everything.