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    • Savvy_Sue
    • By Savvy_Sue 23rd Sep 10, 12:13 AM
    • 40,179 Posts
    • 37,571 Thanks
    Savvy_Sue
    Don't amend the original, but the best way would be to write the changes on a copy, or note them on a separate piece of paper, and get a solicitor to write a new will. There are several reasons why I'd recommend this (and I have no legal training whatsoever, so feel free to disagree!)

    One is that even though your circumstances haven't changed, the law and / or IHT limits have changed, so what was 'best' then may not be any longer, and a solicitor can advise you on this.

    Another is that a solicitor should also go through any 'what if' questions with you, making the will reasonably future proof - what if one of your children dies before you, with or without children of their own, for example.

    But the main one is that the potential for mucking up a codicil (a change or addition to a will) is quite large, and the cost of drawing up a codicil properly compared with the cost of re-writing the will probably isn't that great.

    You CAN do a DIY codicil, just as you CAN do a DIY will, and you won't be there to see whether you got it right or wrong, but your children will bless you for getting it right!
    Still knitting!
    Completed: TWO adult cardigans, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees, 2 sets of handwarmers, 1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 3 balaclavas, multiple hats and poppies, 3 peony flowers, 4 butterflies ...
    Current projects: pink balaclava (for myself), seaman's hat, about to start another cardigan!
    • fifitrix123
    • By fifitrix123 23rd Sep 10, 10:40 AM
    • 341 Posts
    • 141 Thanks
    fifitrix123
    I just called community legal aid about free wills and I was told it only applies if you are a single parent with a child under 18? If you are not single parent you can only do it through an appointment with a solicitor and they will try to find a first free appointment for you and then discuss if you qualify for legal aid but she said usually a will is not covered by legal aid unless single parent again?
    Your site said help for disabled and over 70 but CLA say this is not the case?
    • tsmiller62
    • By tsmiller62 23rd Sep 10, 3:46 PM
    • 52 Posts
    • 8 Thanks
    tsmiller62
    Dear All,

    I would just like to point out that the last time there was a free will advert on here, once the Will writer got inside the door he advised that it was only one will per household. This was not mentioned anywhere on the site. We would get one will free and the other would cost 140. Still cheaper than buying both but I did think that it was very misleading and a bit of a con.
    • tsmiller62
    • By tsmiller62 24th Sep 10, 11:23 AM
    • 52 Posts
    • 8 Thanks
    tsmiller62
    update to last post
    This free will thing is definitely a con as the will writer has mow told be he cannot go ahead with the free will both must be done or none at all!

    If its too good to be true it usually is!
  • watcherjohn
    Cheap Wills
    I am in process of getting a protective property trust will from ten miniute will.co. Does anyone know if this is a reputable and reliablefirm?
    Last edited by watcherjohn; 17-11-2010 at 10:44 AM. Reason: spelling error
  • willaid press officer
    You may not be too late to take advantage of Will Aid 2010. Although we are fast approaching the end of November and so the official end of Will Aid's Make a Will Month, many solicitors still do have appointments free and others are prepared to extend their offer into December. So visit http://www.willaid.org/find today to locate a solicitor near you or phone 0300 0300 013 as soon as you can.
    Best Wishes
    Sue
    Will Aid press officer
    • heygringo
    • By heygringo 10th Mar 11, 8:03 AM
    • 119 Posts
    • 63 Thanks
    heygringo
    Will registration.
    Hi all. Perhaps Sue, the Will Aid press officer can help with this. I have asked this question of more than one solicitor, but never getting a definitive answer. The question is. Why are wills not required by law, to be registered with a central registry, as Births, Marriage's & Deaths are? That way, when a death is recorded, a simple cross check with such a register would reveal wether a will was in force, thereby eliminating the trauma that family's can go through by searching for a will of the deceased. Or is the reason that no "official" register exists, because the estate can pass to the Treasury if no relatives are found or even realise that a person has passed away?

    A will can be registered privately, but even that information is not generally known.
    • Snapelover
    • By Snapelover 13th Mar 11, 5:24 PM
    • 432 Posts
    • 46 Thanks
    Snapelover
    I have told my parents about free will month but they are a bit concerned about having to pay for it. I have told them that the hope is that they will leave something in their will to one of the ten charities but they are under no obligation to leave anything. They are the kind of people who would feel obliged to give something - do they really have to?

    Does anyone know anyone who has taken advantage of a free will and not left anything to charity and not felt guilty about it?
    Mortgage free at 49
    • khaki304
    • By khaki304 22nd Mar 11, 1:37 PM
    • 7 Posts
    • 0 Thanks
    khaki304
    I have made a will which leaves everything to my husband if I die and if we both die to our only child and if all 3 of us die then to my mother.
    Similarly my husband's will says that if he dies, everything will be left to me and if we both die to our child and if all 3 of us die then to his mother.

    My question is, what would happen in the situation when all 3 of us die? What determines what is mine to go to my mother and what is my husband's to go to his mother?

    Most of our savings are in my husband's name since he is the non-tax payer so does the name on the account have any bearing?
    Or could it be that, since we are married, everything will be split 50:50 (irrespective of the name on the accounts) and half will be given to my mother and half to my mother-in-law?

    Thanks in anticipation of any replies.
    • Savvy_Sue
    • By Savvy_Sue 22nd Mar 11, 1:59 PM
    • 40,179 Posts
    • 37,571 Thanks
    Savvy_Sue
    I think you'll find that if all 3 of you go together, so that it can't be determined who died first, then it's age which counts.

    So, if he is the oldest, his will comes into effect and it all comes to you, but you have just died so it all goes to your child, but THEY are dead so there is no valid will. Or, if the child is an adult, then their will comes into effect, if they've made one.

    I could be wrong, you really ought to have had this explained by whoever drew up your wills. Unless it's one you did yourself, in which case you really ought to take legal advice.

    And again, I could be wrong, but I think that the money belongs to whoever has their name on the account. If it's a joint account, then it passes to the survivor. If it's in a sole name, it's frozen and becomes part of the estate.

    This kind of will could also cause problems if you don't die together, but do die within a short space of time, so that the will cannot be or has not been amended. So, for example and cheery thought, your DH and child die before you do, it all comes to you, but you are overcome with grief and die of a broken heart without changing the will, and your MIL gets nothing. That could be fine by you, but it may not be what your DH wants.

    I would stress that I am not an expert in this area. I just know it can be very complicated and good advice is worth paying for.
    Still knitting!
    Completed: TWO adult cardigans, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees, 2 sets of handwarmers, 1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 3 balaclavas, multiple hats and poppies, 3 peony flowers, 4 butterflies ...
    Current projects: pink balaclava (for myself), seaman's hat, about to start another cardigan!
    • Mary_Hartnell
    • By Mary_Hartnell 25th Mar 11, 4:39 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    Adoption & Dodgy invalid wills.
    The BBC1 "Heir Hunters" (9:15) has explored two legal topics in this series.

    In the last one they came upon a fraudulent will, the theives has stolen the cash but at least they did not manage to bag the house too

    Yesterday they explored the start of legal adoption in 1927 and were stymied by the rigidity of the blood relationship requirement.

    Today's program featured a rant about a will created by some sort of "accountant" turning out to be invalid. As a result the family of his deceased wife and then family in law of the recently deceased husband, got zilch and the 300,000+ estate went to some distant cousins who were not aware that he actually existed.

    http://www.bbc.co.uk/programmes/b00zwb8d
    • peteduk
    • By peteduk 4th May 11, 11:42 PM
    • 37 Posts
    • 10 Thanks
    peteduk
    Benificent Law - cheap will writing
    Hi,

    Does anyone have experience of this "not for profit" company.
    It points to great reviews and sounds good but I can't find any other independent view.

    Thanks,
    Peter
    • landsker
    • By landsker 22nd Jul 11, 6:33 PM
    • 65 Posts
    • 137 Thanks
    landsker
    Has anyone any experience of the will writing specialists, April King?
    Any idea of costs?

    • Mary_Hartnell
    • By Mary_Hartnell 25th Jul 11, 5:29 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    The BBC1 "Heir Hunters" (9:15) has explored two legal topics in this series.

    In the last one they came upon a fraudulent will, the theives has stolen the cash but at least they did not manage to bag the house too

    Yesterday they explored the start of legal adoption in 1927 and were stymied by the rigidity of the blood relationship requirement.

    Today's program featured a rant about a will created by some sort of "accountant" turning out to be invalid. As a result the family of his deceased wife and then family in law of the recently deceased husband, got zilch and the 300,000+ estate went to some distant cousins who were not aware that he actually existed.

    http://www.bbc.co.uk/programmes/b00zwb8d
    Originally posted by Mary_Hartnell
    Currently being repeated.
    • sweaty betty
    • By sweaty betty 25th Jul 11, 7:43 PM
    • 1,321 Posts
    • 4,486 Thanks
    sweaty betty
    Hi there - I have a quick question I'm hoping someone can answer. Are there any rules on who can act as executor of a will? (i.e. do they have to be vetted in any way, are people who have been declared bankrupt/have a criminal record etc not allowed to do this?) I know that there may be a pretty good reason to not want to name an executor who has had financial difficulties etc in the past, but I'm wondering if there are any rules about it?

    TIA
    • Savvy_Sue
    • By Savvy_Sue 25th Jul 11, 8:57 PM
    • 40,179 Posts
    • 37,571 Thanks
    Savvy_Sue
    Hi there - I have a quick question I'm hoping someone can answer. Are there any rules on who can act as executor of a will? (i.e. do they have to be vetted in any way, are people who have been declared bankrupt/have a criminal record etc not allowed to do this?) I know that there may be a pretty good reason to not want to name an executor who has had financial difficulties etc in the past, but I'm wondering if there are any rules about it?

    TIA
    Originally posted by sweaty betty
    I am not aware of any rules, but that's only based on reading the 'Which' guide and I wasn't looking for anything like that.

    I think that if someone has been appointed who isn't thought to be suitable, then other beneficiaries can object.
    Still knitting!
    Completed: TWO adult cardigans, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees, 2 sets of handwarmers, 1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 3 balaclavas, multiple hats and poppies, 3 peony flowers, 4 butterflies ...
    Current projects: pink balaclava (for myself), seaman's hat, about to start another cardigan!
    • Mary_Hartnell
    • By Mary_Hartnell 25th Jul 11, 11:30 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    It is difficult and expensive to shift an Executor/trustee.
    The court might well appoint an expensive professional in the place of the unfit trustee.
    Bankruptcy does not per se mean they are unfit.
    Leaving the country for over a year is a statutory ground for removal (A law much pre-dating the world wide web).

    Being an executor, of a large estate with multiple beneficiaries is 25% experience, 25% law, 20% tax 5% accounting and 25% relationships.
    • roses
    • By roses 23rd Aug 11, 10:43 PM
    • 2,290 Posts
    • 1,170 Thanks
    roses
    Is there anywhere I can get a free will template? I want to leave absolutely everything to my husband. It seems straightforward so don't see the need to pay a solicitor as long as I ensure it is signed correctly and I have two independent witnesses sign at the same time.
  • britannia6
    You are right, you could write the Will yourself on these terms but what happens if your husband dies before you? If you don't make provision for this, your estate would be distributed in accordance with the rules of intestacy in exactly the same way as it would be if you didn't have a Will at all.
    I am not going to buy anything unless I need it.
  • Elizabeth_T
    deed of variation help
    My aunt died intestate last month, but she had left lots of notes so we know what she would have wished. A widow with no children, her estate will pass to my mum, her only surviving sibling.
    My mum does not wish to inherit, she is elderly, it would make her estate too large and she does not need the money.
    A deed of variation has been suggested, so that the money can pass directly to those she wanted it to. If mum inherits and gives the cash away it will be taxable within 7 years
    We know what we want to say,I'm sure we should we have a solicitor draw it up, but wonder how much that would cost, also does it have to be done before probate is granted.
    Mum is 87 and unwell, should she pass away before the estate is settled what happens, would it go to me and my 2 siblings directly, or into mum's estate and then to us. The 4 of us are my Aunts only blood relations and the estate is considerable, I am self appointed executor, mum as next of kin has given me written permission to carry out all that is nessessary to obtain the grant of probate.
    I'm a little stressed, any help would be greatly appreciated, I'm wary of speaking to a solicitor untill i have more facts ....
    thank you in anticipation of answers
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