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    • Yorkshireman99
    • By Yorkshireman99 13th Feb 18, 2:55 PM
    • 4,264 Posts
    • 3,480 Thanks
    Yorkshireman99
    As executor your husband has a duty to maximise the amount the beneficiaries receive and that should be the case for all beneficiaries whether they are charities or not. Charities also have s duty to maximise revenues so they are going to particularly concerned that the property is sold for a fair price. If for instance the house was valued at £250k for probate and was sold by the executor for £200k they would be right to question it and they have the right to pursue an executor for any losses.

    He should get a professional valuation on the house, one done by a RICS surveyor not an estate agent. If offers are received at that value or over then it should not be a problem, but if it fails to sell easily no offers below that value should be accepted without the prior permission of the beneficiaries unless you want to get sued by them.
    Originally posted by Keep pedalling
    Valuation of house, or anything else for that matter is NOT a precise science. It is generally accepted that a variation of up to 10% is reasonable. There are all sort stuff of reasons the sale price might vary from the probate value so beneficiaries will have a big problem proving the executor liable for a sale value being less than the probate value and almost impossible if the property is auction with a realistic reserve. Beneficiaries cannot dictate what offer should accepted and at auction the open market value has been obtained anyway. On a more general point executors should resist any outside interference with the executorship. If the house was just being left to one beneficiary then the executor should just convey it as they have no remit to deal with the subsequent disposal of it.
    • Yorkshireman99
    • By Yorkshireman99 13th Feb 18, 3:06 PM
    • 4,264 Posts
    • 3,480 Thanks
    Yorkshireman99
    My husband is only relative and executor to his late uncles will. The estate (mainly a house) is to be sold and divided amongst the beneficiaries, (in declared percentages) three of whom are charities. When we collected the original will, the solicitor advised we contact the relevant charities when we have an offer on the house to let them know. We were shocked to find out that these three can (and have been known to) reply that it is not enough!!!
    As executor and only relative does my husband have any control?
    Originally posted by Lost old lady
    Asking them is not a good idea as the three may well no agree. In any case then what about the other beneficiaries view? The executor should not allow beneficiaries to dictate how they do the job. As long as the executor acts reasonably then they are not responsible if the sales value is lower by 10% or less as no valuer can be exact. Charities do get copies of wills after probate and are known to chase executors but they should be politely told they will just have to wait. A prudent executor will wait six months to ensure no claimants come forward and make sure the statutory notices are published in a London Gazette and a local paper.
    • itmakessense
    • By itmakessense 16th Feb 18, 1:49 PM
    • 21 Posts
    • 4 Thanks
    itmakessense
    DIY wills are a bad idea FULL STOP!!
    I have a friend who's mother passed away and when they found her will she had done it herself. She had managed to complete the forms incorrectly and ended up leaving 8 wills!!
    The problem for the solicitor was how could any of them be used when they had all been completed at the same time?
    There were 4 children 2 of which were estranged from the deceased years earlier and the deceased had meant not to include them in her will leaving everything to the other 2 who had cared for her in her old age. She managed to end up with wills leaving everything to her children, all 4 of them. The lawyer had to declare an intestacy which means all will be divided equally between all 4. Not the wishes of the deceased, but instead of paying a solicitor who specialises in will writing (not a will writer) a couple of hundred pounds to have the job done properly the whole of her estate will go to people she did not want it to go to. Also the estate will be taxed to the hilt as no provisions were made to avoid it.
    A really sound piece of advice, get your will done now! Get it done by a qualified solicitor or better still a legal executive (more trustworthy) show it to a trusted friend who doesn't expect anything from you when you die just to make sure it provides exactly what you want it to. Lastly do not leave anything to the professional person writing your will, if a professional person such as your lawyer, carer, doctor attempts to be included in your will report them immediately to the Solicitors regulation authority and or the police. They get paid by you to do your will or to look after you. Any professional person trying to be included with a legacy is corrupt and taking advantage of you.
    • Malthusian
    • By Malthusian 16th Feb 18, 2:26 PM
    • 4,255 Posts
    • 6,702 Thanks
    Malthusian
    Not the wishes of the deceased, but instead of paying a solicitor who specialises in will writing (not a will writer) a couple of hundred pounds to have the job done properly the whole of her estate will go to people she did not want it to go to.
    Originally posted by itmakessense
    Surely only half the estate goes to people she didn't want it to go to.

    How do you know she didn't have second thoughts and decide that her other children didn't deserve to be cut off, estranged or not, and that her carer children would manage with half? It may not seem likely, but it is possible, and if she left several contradictory Wills your friend can't be certain which one represented her final wishes.

    Also the estate will be taxed to the hilt as no provisions were made to avoid it.
    It was too late by then anyway. You can't reduce Inheritance Tax by saying you'd like to avoid it in your Will.

    You can reduce the Inheritance Tax bill by leaving gifts to charity, but then the money goes to charity and not your children.

    But I fully agree with the main point in your post - Wills should not be done on the cheap.
    • hullfiona
    • By hullfiona 8th Mar 18, 6:47 PM
    • 17 Posts
    • 8 Thanks
    hullfiona
    A quick warning, do not use Simplewills (https://www.simplewills.net/login) There are problems with their website and several parts of it do not work, I created an online will but now I can't edit it. They do not have a phone number and they don't answer emails or messages via Facebook. AVOID
    • Keep pedalling
    • By Keep pedalling 8th Mar 18, 7:09 PM
    • 5,102 Posts
    • 5,687 Thanks
    Keep pedalling
    A quick warning, do not use Simplewills (https://www.simplewills.net/login) There are problems with their website and several parts of it do not work, I created an online will but now I can't edit it. They do not have a phone number and they don't answer emails or messages via Facebook. AVOID
    Originally posted by hullfiona
    I hope you are now going to do it properly through a solisitor now.
    • Ken68
    • By Ken68 23rd Mar 18, 10:26 AM
    • 6,394 Posts
    • 4,084 Thanks
    Ken68
    Didn't get much joy yesterday when dealing with a participating solicitor in Peterborough.
    The lady I saw didn't get beyond the first page before stating they didn;t do complicated wills. It wasn't complicated , just a long list of nephews and neices and and the list of charity donations itself totalled £20k.
    So back to the drawing board.
    • Savvy_Sue
    • By Savvy_Sue 23rd Mar 18, 1:59 PM
    • 38,625 Posts
    • 35,356 Thanks
    Savvy_Sue
    Didn't get much joy yesterday when dealing with a participating solicitor in Peterborough.
    The lady I saw didn't get beyond the first page before stating they didn;t do complicated wills. It wasn't complicated , just a long list of nephews and neices and and the list of charity donations itself totalled £20k.
    So back to the drawing board.
    Originally posted by Ken68
    You may not consider that complicated, but it is not simple. Anything more than 'all to X or if they pre-decease then to Y' is not simple.

    For example, the charity donations: are they out of the residue or the main estate? Either way, what if there's not enough to pay them all? The nephews and nieces: what about any future additions? What about if any of them pre-decease you? A solicitor needs to ask these questions, make sure you understand the options, and take your instructions on your chosen option.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • Ken68
    • By Ken68 23rd Mar 18, 3:08 PM
    • 6,394 Posts
    • 4,084 Thanks
    Ken68
    I see your point Sue, but everything was typed out on the forms provided by FreeWillsMonth even Charity numbers.,and they and friends and neighbours and other nominated bequests get first dibs.
    Anything left over goes to the neices and nephews by percentage.
    Anyway got an appointment next Thursday with a local firm though only £100 knocked off regular charge.
    • oligopoly
    • By oligopoly 5th Jun 18, 2:00 PM
    • 294 Posts
    • 74 Thanks
    oligopoly
    Change in circumstance?
    Hi. My wife has persuaded me that it would be prudent to get a will sorted. We are mid 30s with 2 kids, a cat and a mortgaged house. The Which.co.uk offer of £103 for a joint/mirrored will looks good but it doesn’t mention anything about changes.

    What if we have another kid/move house/acquire assets? Do they offer free amendments? Or would I need to create a new will (~£100) again?
    Increasingly money-conscious
    • Savvy_Sue
    • By Savvy_Sue 5th Jun 18, 10:54 PM
    • 38,625 Posts
    • 35,356 Thanks
    Savvy_Sue
    Unlikely they will offer free amendments, but in any case it is usually recommended NOT to amend, but to re-write.

    A half-decent solicitor will draft a will which covers the likely 'what if' questions, eg it will cover actual and future children, current and future houses, and have a 'what to do with the rest' clause. it should also cover what if you both die before your children, or your children die before you.

    A well-written will should see you through until the children are adults, imo, although reviewing it periodically is no bad thing, especially if your circumstances change for good or ill.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • astreix
    • By astreix 19th Jun 18, 9:55 AM
    • 204 Posts
    • 247 Thanks
    astreix
    Recommendations for Solicitors in Surrey
    Mrs has convinced me to get a Will in place.

    If anyone has personal experience, can they recommend a solicitor in Surrey area?
    • Yorkshireman99
    • By Yorkshireman99 19th Jun 18, 10:49 AM
    • 4,264 Posts
    • 3,480 Thanks
    Yorkshireman99
    Mrs has convinced me to get a Will in place.

    If anyone has personal experience, can they recommend a solicitor in Surrey area?
    Originally posted by astreix
    Best thing is to ask your friends fopr a personal recomendation. Choose a firm with several partners but not a big one.
    • busiscoming2
    • By busiscoming2 22nd Jun 18, 10:36 AM
    • 4,335 Posts
    • 11,520 Thanks
    busiscoming2
    I have two adult children from a previous marriage and one adult child with my second husband. He has no other children. We want our wills to say the same: To each other on death and equally between children on second or both deaths. As there are stepchildren involved, are the wills still classed as mirror wills?
    • Mojisola
    • By Mojisola 22nd Jun 18, 10:49 AM
    • 29,389 Posts
    • 75,034 Thanks
    Mojisola
    I have two adult children from a previous marriage and one adult child with my second husband. He has no other children. We want our wills to say the same: To each other on death and equally between children on second or both deaths. As there are stepchildren involved, are the wills still classed as mirror wills?
    Originally posted by busiscoming2
    There’s no reason why you couldn’t have mirror wills - just make sure that the children’s name are given in full and that the wills are kept safe.

    If you died first and his will went missing (or he changed his will), your eldest two could miss out on their inheritance.
    • Yorkshireman99
    • By Yorkshireman99 22nd Jun 18, 11:04 AM
    • 4,264 Posts
    • 3,480 Thanks
    Yorkshireman99
    I have two adult children from a previous marriage and one adult child with my second husband. He has no other children. We want our wills to say the same: To each other on death and equally between children on second or both deaths. As there are stepchildren involved, are the wills still classed as mirror wills?
    Originally posted by busiscoming2
    The most important thing is that all parties get independent professional advice and get the job done by a solicitor aunder do circumstanes use a will writer or try to DIY it.
    • Wikikenkey
    • By Wikikenkey 23rd Jun 18, 12:19 PM
    • 232 Posts
    • 10 Thanks
    Wikikenkey
    Executors
    My partner and I would like to draw up mirror wills up leaving all to each other and then to our adult child. Can I and our adult child be executors?

    Also has anyone had any experience with Co-op Legal Services in writing their will or know whether they would be recommended?

    Thanks
    Last edited by Wikikenkey; Yesterday at 12:28 PM.
    • Mojisola
    • By Mojisola 23rd Jun 18, 12:20 PM
    • 29,389 Posts
    • 75,034 Thanks
    Mojisola
    My partner and I would like to draw up mirror wills up leaving all to each other and then to our adult child. Can I and our adult child be executors?
    Originally posted by Wikikenkey
    Yes. Beneficiaries can be executors.

    We have each other and adult children as executors.
    • Wikikenkey
    • By Wikikenkey 23rd Jun 18, 12:42 PM
    • 232 Posts
    • 10 Thanks
    Wikikenkey
    Thank you so much for your quick reply. Just read some good reviews on Co-op. Think I will go ahead.
    • Savvy_Sue
    • By Savvy_Sue 23rd Jun 18, 12:58 PM
    • 38,625 Posts
    • 35,356 Thanks
    Savvy_Sue
    Is Coop offering a solicitor or a will writer? you need the former
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
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