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    • Savvy_Sue
    • By Savvy_Sue 13th Sep 11, 6:21 PM
    • 40,089 Posts
    • 37,453 Thanks
    Savvy_Sue
    I'm afraid I don't know if you can do this, but most solicitors would answer a query like that over the phone, or in a free half hour consultation.

    A deed of variation varies a will, but I'm not sure what the position is if there is no will. I believe one can renounce an inheritance, so that might be a question to ask.

    Actually the probate service themselves might give you a heads up on this. They are usually very friendly and helpful.

    If your mum dies before this has been sorted out, then I think your aunt's estate passes into her estate and you won't be able to do much about it. If your Mum has a will, you might be able to do a deed of variation to help with the tax situation - gifts to charity reduce the estate, for example - but if it's sufficiently large you might struggle.

    Or take a look at the Which Guide to Wills and Probate, make sure you get the most recent edition and check if you borrow from the library, because things changed wrt inheritance tax a few years ago.
    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!
  • michpatis
    Hi. After stumbling onto this forum I wonder if anyone is able to help me. My husband and myself are exectors to our very dear friend who sadly passed away almost 2 weeks ago. Everything is fairly straightforward, he was divorced, has a daughter who is herself married and resides in the US. He had no property, just rented a room and when his will was written 3 months ago ( he was diagnosed with terminal cancer and so kind of rushed the writing of it) he left any monies i.e. private pension, to his daughter. Simple enough, except shortly before he died he told my husband and myself he'd like to leave a little bit to his sister. We advised him to write that down and sign it and we'd put it with his will. Sadly he did not make it that far and now we are wondering if we can legally fullfill his wishes even though it's not in writing. He said it to the both of us while he was in hospital. Nobody else knows, so it's not going to cause any friction or upset but we are starting to feel that we would find out if we can do something for him. Thanking you in advance.
    • Savvy_Sue
    • By Savvy_Sue 15th Sep 11, 12:22 AM
    • 40,089 Posts
    • 37,453 Thanks
    Savvy_Sue
    I fear that the only way you can do that is to see if his DD will agree to a Deed of Variation. If she agrees, then you can indeed give something to his sister. Otherwise you have to do what the will says, even if you don't think it's what he intended.
    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!
  • andi1872
    Hi guys,

    I keep seeing cheap will writing services in the newspaper for 49 and wondered how i can know if they can be trusted?

    Im 39 and was recently diagnosed with a terminal illness. My partner and i are not married so as it stands he won't be looked after come the time so i pretty much just want to leave everything to him with the exception of my part time business which i want to leave to my business partner (non official).
  • Errata
    Put it this way, you can't even buy a good pair of shoes for 49 and as with everything, you get what you pay for. Pay peanuts and you get monkeys.
    .....................I'm smiling because I have no idea what's going on ...
    • Mary_Hartnell
    • By Mary_Hartnell 25th Sep 11, 8:12 AM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    Hi guys,

    I keep seeing cheap will writing services in the newspaper for 49 and wondered how i can know if they can be trusted?

    Im 39 and was recently diagnosed with a terminal illness. My partner and i are not married so as it stands he won't be looked after come the time so i pretty much just want to leave everything to him with the exception of my part time business which i want to leave to my business partner (non official).
    Originally posted by andi1872
    You might be able to get that done for 49 quid.
    You might well be able to do that yourself if you get "Wills & Probate" the Which book, that you partner would find useful when the time comes.

    The business needs careful handling - have you discussed with you associate?

    Either way, I would "mug up" on the requirements for wills (The book goes have chapters for Scotland & N.Ireland and you need the latest copy - it is up to date on the law but not the IHT zero rate band - as the Condems had not been elected when it was being printed)
  • coldhands
    Hello
    I am thinking of taking a free Cancer Research will and would be obliged if anyone could tell me if it would be good quality? Thanks
  • Melanie M
    Free Will
    I'm a complete newbie to this site but came across it when looking for a low cost will as I need one and don't have much cash. I didn't really want to go and see a solicitor. I eventually was recommended a great web site by a friend where you can write your will for free, honestly. It was a really easy process and I am so relieved I have got this done. The site if anyone is interested is get a free will online. co. uk. the best thing is that they look after it for me for life for only 3.99.
  • Dellboy
    My friends mother has written a witnessed letter to act as her will is this legal considering the fact that one of the beneficiarys is the witness
    • AndrewSmith
    • By AndrewSmith 27th Oct 11, 7:35 PM
    • 2,830 Posts
    • 2,238 Thanks
    AndrewSmith
    My friends mother has written a witnessed letter to act as her will is this legal considering the fact that one of the beneficiarys is the witness
    Originally posted by Dellboy
    No a witness cannot be a beneficiary. And without proper wording the letter would be worthless anyway.
    • AndrewSmith
    • By AndrewSmith 27th Oct 11, 7:40 PM
    • 2,830 Posts
    • 2,238 Thanks
    AndrewSmith
    Hello
    I am thinking of taking a free Cancer Research will and would be obliged if anyone could tell me if it would be good quality? Thanks
    Originally posted by coldhands
    It will be a very basic will and the emphasis will be on leaving a legacy donation to Cancer Research. If you have any property and guardianship issues then it will not likely offer comprehensive dealing of these and you would need to be very wary that the costs of covering these issues are not grossly over the going rate to compensate for all the 'free' wills that they provide.

    You get nowt for nowt in this world.
    • AndrewSmith
    • By AndrewSmith 27th Oct 11, 7:42 PM
    • 2,830 Posts
    • 2,238 Thanks
    AndrewSmith
    Hi guys,

    I keep seeing cheap will writing services in the newspaper for 49 and wondered how i can know if they can be trusted?

    Im 39 and was recently diagnosed with a terminal illness. My partner and i are not married so as it stands he won't be looked after come the time so i pretty much just want to leave everything to him with the exception of my part time business which i want to leave to my business partner (non official).
    Originally posted by andi1872
    If you want the estate and your wishes covered correctly then it will not be covered properly for 49.

    You must seek proper advice especially given that you are unmarried and you are looking to leave a share of a business.
    • TiaBaby
    • By TiaBaby 5th Dec 11, 11:45 AM
    • 77 Posts
    • 178 Thanks
    TiaBaby
    Sounds awful but.......
    Myself and DH have a child together (young teenager). He has 2 children from a previous conviction but they are now adults in their own right and haven't been in touch for over 10 years, until recently. I am suspicious of the motives and would like to update my will as a safeguard to my childs' inheritence. They obviously have their mothers estate to look forward to as well as a stake in their fathers!

    Is there any way I can (if it is that I 'go' first) protect my portion of our estate for my child alone?
    • AndrewSmith
    • By AndrewSmith 5th Dec 11, 11:12 PM
    • 2,830 Posts
    • 2,238 Thanks
    AndrewSmith
    Myself and DH have a child together (young teenager). He has 2 children from a previous conviction but they are now adults in their own right and haven't been in touch for over 10 years, until recently. I am suspicious of the motives and would like to update my will as a safeguard to my childs' inheritence. They obviously have their mothers estate to look forward to as well as a stake in their fathers!

    Is there any way I can (if it is that I 'go' first) protect my portion of our estate for my child alone?
    Originally posted by TiaBaby
    Yes it can be done and very simply. It depends on whether your estate consists of a property as then you will need to ensure that the property is owned in a specific way, with your wills being written to reflect the correct treatment of the property on your death but yes it is very possible to do it. It's difficult to be precise though without knowing all the relevent facts.

    Andrew
    • Mary_Hartnell
    • By Mary_Hartnell 8th Dec 11, 2:45 PM
    • 857 Posts
    • 567 Thanks
    Mary_Hartnell
    How old is your kid?

    What you (and/or your partner) leave to the kid will have to be administered by a trustee, until the age of 18 [and in my personal opinion until the age of 25 but "socialist" Gordon Brown messed about with age old laws, taxing "the trust" if it holds money for "orphans" after they are 18]

    Get a good book out of the library, written within the last few years and then read mark and learn it before going to see a will writer of any sort.
    Last edited by Mary_Hartnell; 08-12-2011 at 2:47 PM.
    • vegasvisitor
    • By vegasvisitor 8th Dec 11, 5:16 PM
    • 2,222 Posts
    • 1,454 Thanks
    vegasvisitor
    Wills
    This probably sounds like a silly question. We are in Scotland by the way.

    My husband and I need to write wills at some point, however we've not been in any hurry as we're 36/37 and no kids. We do know we should do it though.

    It has been mentioned (by another relative) that we need to have a plan for if something happens to both of us (while we are on holiday was mentnioned ha ha), but being serious I guess we are going to each have wills saying we are leaving everything to the other, then if they are no longer alive then to xxxx. etc. Am I right in saying that, it would be a will each, with each other first, then a second person which would cover the fact if we are both then dead?

    Now the difficult part is working out the scenario for if we are both dead, as we have no children, and as we aren't planning on going anywhere anytime soon....so the beneficiaries in that sense is very likely to change over the years. Would we both be putting the same thing exactly?? It would probably be a bit wrong to put something different, should probably be something we both agree on I guess?
    • TiaBaby
    • By TiaBaby 11th Dec 11, 6:25 AM
    • 77 Posts
    • 178 Thanks
    TiaBaby
    Hi AndrewSmith, thanks for the reply. DD is 13 years and there will be property (no mortgage outstanding) to be considered which is joint ownership at the moment.

    Thanks Mary, I'll have to do a little research.
    • Savvy_Sue
    • By Savvy_Sue 16th Dec 11, 11:53 PM
    • 40,089 Posts
    • 37,453 Thanks
    Savvy_Sue
    Now the difficult part is working out the scenario for if we are both dead, as we have no children, and as we aren't planning on going anywhere anytime soon....so the beneficiaries in that sense is very likely to change over the years. Would we both be putting the same thing exactly?? It would probably be a bit wrong to put something different, should probably be something we both agree on I guess?
    Originally posted by lesley74
    I'm guessing that in Scotland as in England, the presumption if you both die together is that the eldest died first (you should check this).

    If I'm right, then if your wills say "I leave everything to my wife / husband Freda / Fred, and is s/he dies before me then I'd like it to go the cat's home / dog's home" what actually happens is that the older person's half passes to the younger person, and then the whole lot goes to the cat's or dog's home, depending on who is assumed to have survived longest.

    In that situation, then agreeing on whether the cats or the dogs inherit is probably something you should aim to agree on, although the chances of both of you dying together are actually not that large, are they? I mean, unless you like nothing better than hang-gliding together, for example ...

    You might find that looking up the intestacy laws for Scotland helps, you'll get an idea of what happens if you DON'T make a will, and that might encourage you to get on with it, or give you ideas of cousins / nieces and nephews you could be generous to.

    Then if things change (eg you have children), you re-write your wills!
    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!
    • BAS/BAL
    • By BAS/BAL 8th Feb 12, 4:40 PM
    • 11 Posts
    • 11 Thanks
    BAS/BAL
    Please, please everyone make a will. One of my parents didn't and as a result (too complicated to go in to here) all of the family estate, worth over 7 figures has gone out of the family. Nothing we can do cos it is the law of intestacy. So do it. I would hate others to go through the grief and angst that I have had to suffer.
  • trishiem68
    Dementia and Wills
    My mom has been diagnosed with dementia and I've been told to get her affairs in order sooner rather than later but my mom hasn't done a will. Can anyone tell me whether I can do a will online with her or do I actually have to get a solicitor involved as I'm struggling to know what to do for the best
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