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    • Andrewha
    • By Andrewha 12th Jan 19, 9:58 AM
    • 3 Posts
    • 1 Thanks
    Andrewha
    'Free' Will scandal charges by Banks.
    My mother had a 'Free' will drawn up by a bank for 'free' apparently. NOT the case, many people are coming unstuck not just the effectiveness of the wills but the astronomical charges they charge when the will is execute ted. They charge for th draft of the will which was done years earlier, but only charged for now. They take percentages from the estate and also charges for withdrawing your own money from the deceased estates account. Just watch out and read the small print. Even if you get a solicitor to do you a new will at £400 you could save your estate potentially tens of thousands of pounds. I spotted my mum's will from the Royal Bank of Scotland had associated charges which for her modest estate would have amounted to £15,000. We made a new will for £150 at a local trusted family solicitor. Get yourself protested from these 'Free' will scammers. I do understand that being a named executor of a will may frighten some people as being laden with a difficult laborious task, but remember when you are the executor of a will, you as the executor could appoint an appropriate solicitor at the time of death when you may help executing the will. I'ts not hard and you can get quotes which you feel happier to pay. Don't let the Bank be your executors. Unless your happy for a large chunk of money from the estate to go to the bank in commission charges.
    • martinjh
    • By martinjh 13th Feb 19, 8:30 AM
    • 3 Posts
    • 3 Thanks
    martinjh
    Good comment yogayogi.


    And I would add that if the original will is stored at a solicitors' office you want to make sure that they will release it to the executors once the testator has died.


    Once when I was an executor I discovered that the solicitors holding the will refused to release it unless the executors agreed to them administering the will.


    It was an extreme hassle to get the will off them. I wondered how many other people would have had my determination to succeed.
    • hethmar
    • By hethmar 8th Apr 19, 8:56 AM
    • 10,401 Posts
    • 9,828 Thanks
    hethmar
    Hi, forcing myself to get round to making a Will. I am confused by conflicting information - could anyone kindly advise the best course of action.


    I am married and we own a largish property and have savings. We have joint ownership of the property. I was told by several people we should change this to tenants in common but I have been reading this may be a bad move as the half owned by one partner will be taxable on their death? Whereas with joint ownership half will just pass to the surviving partner? We have two adult children - one who is estranged.



    Also are diy wills valid? Are the online will writer cheap companies reliable? We have had some awful experiences with incompetent solicitors in the past so have little faith in the legal profession.


    Many thanks
    • Savvy_Sue
    • By Savvy_Sue 8th Apr 19, 11:50 AM
    • 40,098 Posts
    • 37,464 Thanks
    Savvy_Sue
    Hi, forcing myself to get round to making a Will. I am confused by conflicting information - could anyone kindly advise the best course of action.
    Originally posted by hethmar
    Take advice. Proper, legal advice (notwithstanding your previous experience), because this is the kind you can rely on, ie you can sue the pants off them if it turns out to be bad advice.

    And do some of your own reading: an up to date version of something like the Which Guide to Wills and Probate could be a good investment.

    I am married and we own a largish property and have savings. We have joint ownership of the property. I was told by several people we should change this to tenants in common but I have been reading this may be a bad move as the half owned by one partner will be taxable on their death? Whereas with joint ownership half will just pass to the surviving partner? We have two adult children - one who is estranged.
    Originally posted by hethmar
    And this is why you need to take advice, geared to your situation, from someone who has a rough idea whether your total estate is likely to be liable to IHT anyway.

    And with an estranged child, you need to consider whether you are completely disinheriting them, or whether you want to include them in some way, and whether any children they may have should be equally disinherited.

    And you need to think carefully about your executors: normally using your adult children might be sensible, but where one is estranged it might make life very difficult for the other, if the disinherited one gets a bee in their bonnet about entitlement.

    Also are diy wills valid?
    Originally posted by hethmar
    Yes, if correctly drawn up, signed and witnessed. Easy to make a hash of it and in your particular case I would NOT recommend it.

    Are the online will writer cheap companies reliable?
    Originally posted by hethmar
    Variable. And you won't know until it's too late, but what most of them most definitely aren't is 'cheap', because they are likely to offer all kinds of bells and whistles for which they will charge a small fortune. And if you've found solicitors awful, why would you expect potentially legally unqualified will-writers to be better?

    We have had some awful experiences with incompetent solicitors in the past so have little faith in the legal profession.
    Originally posted by hethmar
    Ask around your friends and see if any of them have a recommendation to make. Phone a few and ask what they'd charge, and what it would include.

    But while you're doing a will, also think about Power of Attorney, lest one of you should be incapacitated.
    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!
    • Keep pedalling
    • By Keep pedalling 8th Apr 19, 1:35 PM
    • 7,022 Posts
    • 8,245 Thanks
    Keep pedalling
    Under no circumstances DIY. Solisitors messing up wills are rare, but if they do your beneficiaries can pursue compensation for their losses, they cant do that with dead people when messed up all on their own.
    • 4leafclover
    • By 4leafclover 8th Apr 19, 2:37 PM
    • 74 Posts
    • 343 Thanks
    4leafclover
    It's the Co-Op Legal services as recommended under the low-cost professional wills.
    Originally posted by slightlychilled
    The co-op called me about a will, when I asked about legal qualifications of the person drafting the will, they could only say that the person was a trained will writer who had worked locally in will writing for a number of years now.
    • shelleywa
    • By shelleywa 9th May 19, 12:09 PM
    • 125 Posts
    • 26 Thanks
    shelleywa
    Does he need a will?
    Hi all,

    After reading through this thread to the point of my eyes hurting, I was hoping for some answers but instead just feel even more confused! Any advice is much appreciated.

    My Dad is terminally ill and I am his live-in carer. He doesn't have a will. But his argument is that he doesn't have much, so he doesn't need one. Granted, his life is pretty simple - no spouse, no property, no car, no money (he lives in a housing association home and receives benefits. Has no savings) and I am his only child.

    Is he right?? What will ACTUALLY happen if he dies with nothing? I envision myself having months of it being dragged out, which you so often hear about when someone doesn't have a will, and I think it would be emotionally exhausting to deal with that when you're also grieving. But is that just when there's multiple beneficiaries who can't agree and/or assets etc.?

    I persuaded him to write a will but - having no money - he can't pay for one. I found the one on the Cancer research website, by the Co-Op Legal Services but after reading this thread wonder if it's worth the paper it's written on?

    Any thoughts please?
    • Yorkshireman99
    • By Yorkshireman99 9th May 19, 12:54 PM
    • 5,395 Posts
    • 4,561 Thanks
    Yorkshireman99
    Hi all,

    After reading through this thread to the point of my eyes hurting, I was hoping for some answers but instead just feel even more confused! Any advice is much appreciated.

    My Dad is terminally ill and I am his live-in carer. He doesn't have a will. But his argument is that he doesn't have much, so he doesn't need one. Granted, his life is pretty simple - no spouse, no property, no car, no money (he lives in a housing association home and receives benefits. Has no savings) and I am his only child.

    Is he right?? What will ACTUALLY happen if he dies with nothing? I envision myself having months of it being dragged out, which you so often hear about when someone doesn't have a will, and I think it would be emotionally exhausting to deal with that when you're also grieving. But is that just when there's multiple beneficiaries who can't agree and/or assets etc.?

    I persuaded him to write a will but - having no money - he can't pay for one. I found the one on the Cancer research website, by the Co-Op Legal Services but after reading this thread wonder if it's worth the paper it's written on?

    Any thoughts please?
    Originally posted by shelleywa
    If he has no assets and you are the only relative then a will pointlessly
    • JimmyTheWig
    • By JimmyTheWig 9th May 19, 1:47 PM
    • 11,885 Posts
    • 11,412 Thanks
    JimmyTheWig
    If he has no assets and you are the only relative then a will pointlessly
    Originally posted by Yorkshireman99
    Presumably, though, he won't have _no_ assets. Even if he has a few hundred quid in his bank account there is something to go to someone.
    To me it sounds clear in this case that the intestate rules mean he doesn't need a will if everything is to go to shelleywa.
    • shelleywa
    • By shelleywa 10th May 19, 10:45 AM
    • 125 Posts
    • 26 Thanks
    shelleywa
    Presumably, though, he won't have _no_ assets. Even if he has a few hundred quid in his bank account there is something to go to someone.
    To me it sounds clear in this case that the intestate rules mean he doesn't need a will if everything is to go to shelleywa.
    Originally posted by JimmyTheWig
    It really depends how long it takes to sort out someone's affairs if they have a will vs if they don't have a will. Any ideas?

    Also, are the "free" Co-op wills through Cancer Research worth the paper they're written on for a simple will?
    • Yorkshireman99
    • By Yorkshireman99 10th May 19, 11:26 AM
    • 5,395 Posts
    • 4,561 Thanks
    Yorkshireman99
    It really depends how long it takes to sort out someone's affairs if they have a will vs if they don't have a will. Any ideas?

    Also, are the "free" Co-op wills through Cancer Research worth the paper they're written on for a simple will?
    Originally posted by shelleywa
    If they have negligible assets then a will does not make much difference. If there are various assets then it may make things easier. If they don’t have a will (intestate) then letters of administration are needed.
    • Mojisola
    • By Mojisola 10th May 19, 11:52 AM
    • 31,569 Posts
    • 80,917 Thanks
    Mojisola
    My Dad is terminally ill and I am his live-in carer. He doesn't have a will. But his argument is that he doesn't have much, so he doesn't need one. Granted, his life is pretty simple - no spouse, no property, no car, no money (he lives in a housing association home and receives benefits. Has no savings) and I am his only child.

    What will ACTUALLY happen if he dies with nothing?
    Originally posted by shelleywa
    With you as the only beneficiary under the intestate rules and a very small estate, a will really isn't necessary in this case.

    Unless he's got thousands tucked away that he hasn't told you about, it unlikely that probate or letters of administration would be needed.

    If the estate has debts that can't be covered, you wouldn't want to get involved anyway.

    It could be worth sorting out any personal possessions with sentimental value like photos and him giving them to you now.
    • Savvy_Sue
    • By Savvy_Sue 10th May 19, 5:10 PM
    • 40,098 Posts
    • 37,464 Thanks
    Savvy_Sue
    My Dad is terminally ill and I am his live-in carer. He doesn't have a will. But his argument is that he doesn't have much, so he doesn't need one. Granted, his life is pretty simple - no spouse, no property, no car, no money (he lives in a housing association home and receives benefits.:
    Originally posted by shelleywa
    I'd say the key thing for you to sort out right now is your housing. Are you named on the tenancy? If not, would you be able to succeed to it?
    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!
    • badmemory
    • By badmemory 11th May 19, 1:25 AM
    • 2,692 Posts
    • 4,311 Thanks
    badmemory
    I am definitely with Savvy_Sue on this. First put on your own metaphorical oxygen mask. Being a carer, you need to first care for yourself, unless you do you will not be able to care for someone else. Whilst this may go against the grain, it is what you need to do.
    • shelleywa
    • By shelleywa 11th May 19, 10:38 AM
    • 125 Posts
    • 26 Thanks
    shelleywa
    I'd say the key thing for you to sort out right now is your housing. Are you named on the tenancy? If not, would you be able to succeed to it?
    Originally posted by Savvy_Sue
    The housing isn't an issue. He doesn't own it and I'm only here for as long as I'm needed as a carer. My "real life" is waiting for me elsewhere.
    Last edited by shelleywa; 11-05-2019 at 12:33 PM.
    • shelleywa
    • By shelleywa 11th May 19, 12:32 PM
    • 125 Posts
    • 26 Thanks
    shelleywa
    With you as the only beneficiary under the intestate rules and a very small estate, a will really isn't necessary in this case.

    Unless he's got thousands tucked away that he hasn't told you about, it unlikely that probate or letters of administration would be needed.

    If the estate has debts that can't be covered, you wouldn't want to get involved anyway.

    It could be worth sorting out any personal possessions with sentimental value like photos and him giving them to you now.
    Originally posted by Mojisola
    I found some useful info on citizens advice:

    https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/

    He probably won't need one but it feels crazy to leave it all to chance.

    I think we are going to go with one of the free or discounted will writing services of a charity that partner with The Goodwill Partnership. They also do home visits, which will help us immensely, as my Dad is pretty much housebound. I hope this info will help others, too.
    • Yorkshireman99
    • By Yorkshireman99 11th May 19, 2:49 PM
    • 5,395 Posts
    • 4,561 Thanks
    Yorkshireman99
    I found some useful info on citizens advice:

    https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/

    He probably won't need one but it feels crazy to leave it all to chance.

    I think we are going to go with one of the free or discounted will writing services of a charity that partner with The Goodwill Partnership. They also do home visits, which will help us immensely, as my Dad is pretty much housebound. I hope this info will help others, too.
    Originally posted by shelleywa
    Beware of the “free” offers. A common pitfall is that they press clients to make their firm the executor. Never, ever agree to this as. your estate can end up with with big bills when in many cases the beneficiaries can easily DIY it. Another lassis ploy is to charge fat fees for will storage or huge sums to prepare powers of attorney when they be done easily and cheaply on line. The basic thing to remember that there never is truly free lunch.
    • shelleywa
    • By shelleywa 11th May 19, 3:49 PM
    • 125 Posts
    • 26 Thanks
    shelleywa
    Beware of the “free” offers. A common pitfall is that they press clients to make their firm the executor. Never, ever agree to this as. your estate can end up with with big bills when in many cases the beneficiaries can easily DIY it. Another lassis ploy is to charge fat fees for will storage or huge sums to prepare powers of attorney when they be done easily and cheaply on line. The basic thing to remember that there never is truly free lunch.
    Originally posted by Yorkshireman99
    Thank you, that's worth remembering
    • Savvy_Sue
    • By Savvy_Sue 11th May 19, 9:50 PM
    • 40,098 Posts
    • 37,464 Thanks
    Savvy_Sue
    The housing isn't an issue. He doesn't own it and I'm only here for as long as I'm needed as a carer. My "real life" is waiting for me elsewhere.
    Originally posted by shelleywa
    That's good then - was worried for you otherwise! Just be aware that the HA will want the flat cleared promptly, which may feel rushed and pressurised when the time comes.

    Since the result of intestacy will be the same as your dad would put in a will, it is less important to do a will if you are sure things are as you state.
    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!
    • longtimelurker54
    • By longtimelurker54 24th Sep 19, 1:39 PM
    • 101 Posts
    • 9 Thanks
    longtimelurker54
    Is a complex Will needed, or just a simple free one online?
    Hi

    I'm posting on behalf of a friend and would be very grateful for any advice.

    He is a divorced father living and working in the UK for many years. Italian by birth, but with no property or earnings outside the UK.

    In the UK he has a 9 year old daughter and owns (with a mortgage) a small flat worth around £130,000. He has some small savings probably under £10,000.

    The relationship between him and his ex-wife is very good and they share the bringing up of their daughter, but live separately. He pays maintenance to her voluntarily on a sum they have agreed between them.

    He would like to make a Will leaving everything to his daughter when he dies.

    Even though he is divorced can we just use a simple online basic Will in these circumstances or does it need to contain any special clauses?

    Who would be most appropriate to appoint as Executor - I think he would be happy to appoint his ex-wife as she has main care of the daughter and there are no trust issues etc.

    Can he just have one executor? Or should he have more than one?

    Any advice much appreciated, including a reliable source for a free or low cost Will.

    Many thanks in advance.
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