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    • basilisksam
    • By basilisksam 10th Feb 10, 6:17 PM
    • 2 Posts
    • 1 Thanks
    basilisksam
    I'm an executor for my parents wills. They've recently asked me about changing to a "bloodline" will. I've read the details from the solicitor but I'm unsure - anyone have an opinion as to whether they are significantly better than the mirror wills they currently hold?
  • Baggysdad
    I have never heard of a bloodline will. I suspect that it is a marketing name given by the firm to a particular type of Will.

    And I suspect it is a Will which creates a 'lifetime trust' on the first death of a couple. This allows the survivor the rights to occupy the share of the property owned by the deceased -but they can't access the capital value - and thus give it to a new spouse or partner - thus ensuring the capital value passes down the bloodline. A similar thing can be done with any cash and investments.

    Is it worth it? Depends on whether your parents are concerned that the survivor of them might disinherit their children in favour of a new spouse or partner. This does not need a conscious action - for example if the survivor remarries, marriage revokes a Will and then their new spouse would inherit under their intestacy.

    This type of arrangement also does have the advantage that the capital value held in trust can't be used to fund care costs of the survivor should they need nursing home care.
  • selimap
    Will Aid isn't free
    The MSE newsletter keeps promoting this myth. I paid 150 for my recent will made through will aid, which is available each November (only).

    I was happy to do it as it went to good charities. The charges were explained u pfront. Solicitors are not going to give up hours of their time for no reward for either themseleves or the will aid charities, why should they?

    The newsletter often contains many innaccuracies and misses other opportunities, but as there is no contact address to provide suggestions or point out errors, they get perpetuated.
    • angie loves veg
    • By angie loves veg 24th Feb 10, 3:47 PM
    • 1,486 Posts
    • 4,141 Thanks
    angie loves veg
    Hi My husband and I are looking to create simple mirror wills, and we have a daughter age 7.

    We had found a company online called 'www.tenminutewill.co.uk' who have 'The society of will writers' logo clearly on the site, and the FAQ section seems thorough and sensible. A pair of mirror wills costs 49.95.

    Is there any obvious reason why we should not use this service for our wills, or for that matter is there something we are missing, as having read the article and discussion, this seems very cheap ... (which is both a good thing, and rings alarm bells).

    The reason we like this, is that having promised that we will get wills written for the last 7 years, we haven't ... and if we could just get it done in an evening (then signed / witnessed of course) then at least it will be done ...
  • Baggysdad
    There is a saying - garbage in = garbage out.

    So if you both have sufficient legal knowledge not to put garbage in, then by all means go for it. Otherwise you run the risk of getting garbage out.

    Incidentally, you should be aware that terms in the Code of Conduct for the Society of Willwriters means that it is impossible for one of their members to deliver an online Willwriting service. So their claims of membership are false, or the Society of Willwriters is rather more relaxed about its membership requirements than it claims.
    • RRatchet
    • By RRatchet 26th Feb 10, 10:53 AM
    • 48 Posts
    • 25 Thanks
    RRatchet
    [QUOTE=Baggysdad;29798089].................................This does not need a conscious action - for example if the survivor remarries, marriage revokes a Will and then their new spouse would inherit under their intestacy.....................................


    I think I'm correct in saying that you are refering to the English system, it's not quite the same in Scotland where children and spouses have "Prior Rights", one result of which is you cannot disinherit them. It doesn't matter whether you have a will or not those Prior Rights still apply. However a spouse and kids can voluntarily give up those rights.

    Why do I know this, well; my FIL died without a will and OH applied to be an executor along with my MiL. A deed of variation, a 3,500 Bond of Caution, 20,000 in solicitors fees and 4 years later we think it's all over, (I'm not holding my breath just in case). Anyway in order for OH to get what we wanted from the Deed of Variation MiL made OH renounce the Prior Rights with respect to her assets when she died.

    Please everyone, make a will, try and find a good experienanced solictor/will writer, some one you trust and just do it. You not having a will is not going to affect you, but boy o boy will it cost your 'loved ones' and not just financialy. What's more let all your beneficiaries know before you die what it is you want to happen. They might not like it but at least they'll all know. We are going to be very up front with our kids when they are old enough.

    Also I'd second making your beneficiaries the executors. 2 seems to be an good number; to share the work load; as insurance in case one is indiposed; any more spoils the broth. MiL died a year ago she had will and 3 executors, 2 friends (elderly) and one solictor. One friend died and the other has health problems so really it's down to the solicor to act as executor. This solicitor has appointed another solictor within the same firm to act as solictor to the executors (talk about two bites from the same cherry or what). I get the feeling that between them they are going to milk the situation for all it's worth. It's no longer our problem as OH & I are not beneficiaries but it's frustrating to see my BiL and SiL being messed about.

    Finally remember that you are the client and the professional is working for you, don't be in awe of them, question anything that doesn't feel right. Keep in regular contact ie check up that that they are doing what they said they would; you want your case in front of them on their desk not at the bottom of their pile of other cases.

    Yours

    Battered, Bruised, Bitter,Twisted, Cynical & now No Body's Fool
    • Mary_Hartnell
    • By Mary_Hartnell 26th Feb 10, 11:46 AM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    "dependants" cannot be disinherited under the south of the border laws too.
    So in a fit of peak you cannot leave the whole lot to the dogs home leaving the rest of us to pick up the tab for your responsibilities.
    Discuss it with your will writer.
  • dentonemma
    When does a will become vaild. Went to see a solictor today to update our wills. The solictor will now draw up our wills, when do they become vaild today or when we sign & collect them.

    Thank You
    Pay 7,500 in 2011 paid 29,325 No 43 OP 21,825
    Olympic 78= 20,000 paid 35,708 over paid 15,708
    Mortgage over payment 1996/1497 paid in 2011
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    • Mary_Hartnell
    • By Mary_Hartnell 5th Mar 10, 11:17 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    When they are signed and witnessed at the same time.
  • gstyles
    Confirmation On Joint Accounts When Unmarried
    I live with my girlfriend (so unmarried) and have a joint bank account and a joint mortgage.

    Would these "joint" entities automatically go to the other person on either of our deaths WITHOUT having to have a will, or would the deceased's half still go to the next of kin ?
    • Mary_Hartnell
    • By Mary_Hartnell 3rd Jun 10, 5:02 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    Yes - just send in the death certificate.
    Is the property in joint ownership or "tenants in common" (the latter would follow the instructions in a will or follow the rules of intestacy. The intestacy rules are based on "blood" relationships or legal relationships such as marriage and adoption.)
    • Dick here
    • By Dick here 20th Jul 10, 5:50 PM
    • 1,568 Posts
    • 1,446 Thanks
    Dick here
    So having read the MSE guide, am I right in thinking that a person CAN write their own will (obviously a simple one), have it witnessed and just store it away and that's it, i.e. there is no need for any legal/official/formal process to be undertaken - excuse the pun - at that point ?
    • Mary_Hartnell
    • By Mary_Hartnell 21st Jul 10, 1:23 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    Oh yes you can! I believe you can even make a verbal will if under fire in a war.
    Rules in Scotland do vary - want to hand write it?

    "Which?" used to include the rules and sample typical examples in its book on "Wills & Probate" (probably still available in your library)
    I used it to help my father write his will.

    BUT the increases in house prices and extra legislation about "legal unions" and transferable InHeritance Tax nil rate bands means that the tax man is getting more and more involved. Probate has changed from a legal matter to 90% a taxation exercise.
    So I think that might have been the reason for "Which?" to "chicken out" and offer a web/telephone/postal service for about 80 GBP ( 2009).

    How complex are your affairs?
    Last edited by Mary_Hartnell; 21-07-2010 at 1:45 PM.
  • woodknowe
    Free and cheap wills????
    As a couple living together we thought it wise to follow advice and make wills through the Legal Network Service (following a link from the MSE email). Today we have received our draft free wills (which are incorrect - according to our wills we both have the same brother!) - along with details of their fees and outlays of 532.50 (!!!!!!!) - their fees of 300 plus VAT and registration fees of 180. At the meeting we were asked if we wanted a Power of Attorney, and after we had agreed it might be a good idea, were informed that it would cost 300 plus VAT. There was no mention of the 180 registration fee, which puts it well above anything we can afford at this time. We understood that we had time to think about this and that we hadn't actually agreed to it. Can we cancel the Power of Attorney part, as we simply cannot afford this at this time, or are we stuck with it? Any advice would be gratefully received.
  • Baggysdad
    Your contract should give you 7 days to cancel the agreement. If you didn't get a contract or the contract doesn't advise you of the 7 day cancellation period, then the contract is unenforceable and you can cancel it whenever you want to.

    Are you in Scotland by any chance? Because the fee to register a Power of Attorney in England is 120 per document - in which case their 180 fee is remarkably good value. Also, if you are in England, it is not necessary to register the Power of Attorney straight away.
    • Mary_Hartnell
    • By Mary_Hartnell 29th Jul 10, 10:15 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    Lasting Power Of Attorney - Good value?!?
    http://www.dailymail.co.uk/news/article-1222764/Secret-court-seizes-3-2bn-elderly-mentally-impaired.html

    http://www.bbc.co.uk/news/uk-10763890

    http://business.timesonline.co.uk/tol/business/law/article6974607.ece

    http://www.independent.co.uk/news/media/press/media-win-right-to-attend-court-of-protection-case-1932470.html

    http://www.guardian.co.uk/law/2010/jul/14/court-protection-privacy-rights

    http://www.publicguardian.gov.uk/opg-application-times.htm

    So have we all done it yet - made a Lasting Power of Attorney:

    Fill in a large form having sorted out who will be the attorney, who will certify you as compos mentis - who will be family representative - who will certify that you legally know what you are doing. List all the people who need to know you will be losing your marbles - then attach a cheque for 120 quid - send it of and wait & wait.
    Ah that is the money sorted.

    Now do it all over again then attach a cheque for 120 quid - send it of and wait & wait.
    Ah that is the welfare person decided.

    Now go Doolally and repeat the process all over again to get the powers authorised.

    Why ?

    Because a small minority of relatives were mistreating their elderly relatives via the Power/Enduring power of attorney system, which could be set up in minutes and used while waiting for the court to register it.
    Last edited by Mary_Hartnell; 29-07-2010 at 10:21 PM.
  • MotownFox
    If you don't need to use the LPA soon then you don't have to pay a registration fee as you can keep it at home or somewhere safe until such time as it is needed or your mind goes in which case someone like your Attourney will have to register it themselves and pay the 120 or whatever it may be at that time. That 120 is the price per document as well. It is unlikely you will both go gaga at the same time so this PGO fee will usually be taken on each registration.

    How much were the wills by the way and did they provide any special clauses?
  • foxystoat69
    Details of the November 2010 Will Aid Scheme are available to view at

    http://www.willaid.org.uk/
  • estateplanner
    MSE, you have let yourself (and all of your readers) down very badly this time IMHO.

    You say "our primary focus is on cost not feedback or expertise" - and so it has unfortunately been with many people over the years, hence the 17,000 wills chucked out of court each year for NOT being properly written. Had 'expertise' in this field been sought - as it should have been and irrespective of cost (which is always a miniscule amount compared to the cost of sorting out and repairing the problems when they occur) - then many more families would have had their estates properly managed and distributed, rather than thinking that they have had one over on the professionals who have the cheek to charge!

    MSE, yet another ill thought and scaremongering spouting from you which your readers should be wary of.
  • Briantoon
    Amending a Will
    I had a Will completed by a solicitor many years ago and my circumstances have not really changed, except my children are now all over 18. How can I amend the name of the Executors easily? Can I make the executors my children? I trust them more than anyone else!!!
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