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    • Pennie63
    • By Pennie63 9th Apr 18, 10:29 AM
    • 20Posts
    • 2Thanks
    Pennie63
    New will?
    • #1
    • 9th Apr 18, 10:29 AM
    New will? 9th Apr 18 at 10:29 AM
    I hope this is the right place to ask!

    I already have a will in place but I have two questions.

    1. I want to change the executors named in my will. How old does an executor have to be, minimum age?

    2. I cannot find my will, so will make a new one. How is this best done cost wise please?

    Thank you!
Page 1
    • Yorkshireman99
    • By Yorkshireman99 9th Apr 18, 10:36 AM
    • 4,802 Posts
    • 4,022 Thanks
    Yorkshireman99
    • #2
    • 9th Apr 18, 10:36 AM
    • #2
    • 9th Apr 18, 10:36 AM
    I hope this is the right place to ask!

    I already have a will in place but I have two questions.

    1. I want to change the executors named in my will. How old does an executor have to be, minimum age?

    2. I cannot find my will, so will make a new one. How is this best done cost wise please?

    Thank you!
    Originally posted by Pennie63
    Executor has to b 18. Don't DIY or use a will company. Phone around local solicitors or ask for recomendations.
    • buildersdaughter
    • By buildersdaughter 10th Apr 18, 10:14 PM
    • 290 Posts
    • 754 Thanks
    buildersdaughter
    • #3
    • 10th Apr 18, 10:14 PM
    • #3
    • 10th Apr 18, 10:14 PM
    Yorkshireman and I disagree on very few things, but I think that DiY is fine for very straightforward will. I have made 4 wills in my life:
    Married, no kids. DiY, all to my husband, failing that, to my only sibling.
    Married, kids. Solicitor, with arrangements made for kids' guardianship & trust.
    Married, adult kids, no grandchildren. DiY, all to husband, failing that, equally among children.
    Married, grandchildren. Solicitor, who will set up trust for current & future grandchildren, also arrangements for our kids' partners, couldn't possibly be DiY.
    • Yorkshireman99
    • By Yorkshireman99 10th Apr 18, 10:42 PM
    • 4,802 Posts
    • 4,022 Thanks
    Yorkshireman99
    • #4
    • 10th Apr 18, 10:42 PM
    • #4
    • 10th Apr 18, 10:42 PM
    Yorkshireman and I disagree on very few things, but I think that DiY is fine for very straightforward will. I have made 4 wills in my life:
    Married, no kids. DiY, all to my husband, failing that, to my only sibling.
    Married, kids. Solicitor, with arrangements made for kids' guardianship & trust.
    Married, adult kids, no grandchildren. DiY, all to husband, failing that, equally among children.
    Married, grandchildren. Solicitor, who will set up trust for current & future grandchildren, also arrangements for our kids' partners, couldn't possibly be DiY.
    Originally posted by buildersdaughter
    All I can say is that if you had ever seen the heartache and confusion caused by a DIY will that was found to be invalid you would never use one. A classic case is where someone makes a simple will leaving everything to their unmarried partner. The is invalid so the partner does not get a penny under the intestacy rules. The partner is made homeless and, penniless. All for the sake of paying a solicitor 150 to do the job properly. Don.t do it!!!
    • kangoora
    • By kangoora 11th Apr 18, 12:27 AM
    • 601 Posts
    • 422 Thanks
    kangoora
    • #5
    • 11th Apr 18, 12:27 AM
    • #5
    • 11th Apr 18, 12:27 AM

    2. I cannot find my will, so will make a new one. How is this best done cost wise please?

    Thank you!
    Originally posted by Pennie63
    A couple of times a year there is a 'free' will service done by participating solicitors.

    It's not strictly free as you are expected to donate to charity but you could save some money over the cost of a 'regular' will by setting your donation to what is affordable.

    Hopefully someone will be able to expand further on these as I can't remember when and who does them.
    • Sea Shell
    • By Sea Shell 11th Apr 18, 6:23 AM
    • 1,065 Posts
    • 1,696 Thanks
    Sea Shell
    • #6
    • 11th Apr 18, 6:23 AM
    • #6
    • 11th Apr 18, 6:23 AM
    All I can say is that if you had ever seen the heartache and confusion caused by a DIY will that was found to be invalid you would never use one. A classic case is where someone makes a simple will leaving everything to their unmarried partner. The is invalid so the partner does not get a penny under the intestacy rules. The partner is made homeless and, penniless. All for the sake of paying a solicitor 150 to do the job properly. Don.t do it!!!
    Originally posted by Yorkshireman99
    Conversely, for balance, we have also seen the heartache caused by a professionally drawn up valid will, that was not fit for purpose at the time of death....as hadn't been reviewed for many years and ended up doing exactly what the testator DIDN'T want.
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • Yorkshireman99
    • By Yorkshireman99 11th Apr 18, 6:50 AM
    • 4,802 Posts
    • 4,022 Thanks
    Yorkshireman99
    • #7
    • 11th Apr 18, 6:50 AM
    • #7
    • 11th Apr 18, 6:50 AM
    Conversely, for balance, we have also seen the heartache caused by a professionally drawn up valid will, that was not fit for purpose at the time of death....as hadn't been reviewed for many years and ended up doing exactly what the testator DIDN'T want.
    Originally posted by Sea Shell
    With respect that is a totally different issue. As a general rule all wills should be regularly reviewed at least every five years.
    • Sea Shell
    • By Sea Shell 11th Apr 18, 7:05 AM
    • 1,065 Posts
    • 1,696 Thanks
    Sea Shell
    • #8
    • 11th Apr 18, 7:05 AM
    • #8
    • 11th Apr 18, 7:05 AM
    I'm just saying, there can be issues with wills regardless of who draws them up. It's not a "do once and forget" task.

    A known and recommended Solicitor did our first wills, in the full knowledge that we were engaged, and had bought a house together (the whole reason for getting the wills done)...but it turned out that he didn't include the "in contemplation of marriage clause" (which we had absolutely no knowledge of at the time, so didn't know it was needed), so went for years thinking we had valid wills drawn up by a qualified Solicitor!!!

    You can't ask for something you don't know exists....that's their job. Not ALL of them do it very well.
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • Yorkshireman99
    • By Yorkshireman99 11th Apr 18, 7:59 AM
    • 4,802 Posts
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    Yorkshireman99
    • #9
    • 11th Apr 18, 7:59 AM
    • #9
    • 11th Apr 18, 7:59 AM
    I'm just saying, there can be issues with wills regardless of who draws them up. It's not a "do once and forget" task.

    A known and recommended Solicitor did our first wills, in the full knowledge that we were engaged, and had bought a house together (the whole reason for getting the wills done)...but it turned out that he didn't include the "in contemplation of marriage clause" (which we had absolutely no knowledge of at the time, so didn't know it was needed), so went for years thinking we had valid wills drawn up by a qualified Solicitor!!!

    You can't ask for something you don't know exists....that's their job. Not ALL of them do it very well.
    Originally posted by Sea Shell
    I understand your point but would be wrong to characterise all solicitors as being incompetenton the basis of one bad one.
    • Silvertabby
    • By Silvertabby 11th Apr 18, 10:26 AM
    • 3,529 Posts
    • 5,213 Thanks
    Silvertabby
    Conversely, for balance, we have also seen the heartache caused by a professionally drawn up valid will, that was not fit for purpose at the time of death....as hadn't been reviewed for many years and ended up doing exactly what the testator DIDN'T want.
    Originally posted by Sea Shell
    To be fair, the fact that the will hadn't been reviewed for many years wasn't the fault of the professional who drew up the original one. Our solicitor certainly told us that we should review ours at regular intervals, especially if our circumstances/wishes changed.

    I'm not in the legal profession (retired LGPS administrator) but I do have experience of dealing with the fall-out from DIY wills. In one case, the WH Smith diy job seemed perfectly legit in that it had been properly signed and witnessed etc. Unfortunately, the retired LGPS pensioner used the will to 'leave' his unmarried partner his LGPS benefits - but this wasn't possible under the rules in effect at the time the chap retired (ie, pension to legally married spouse only). This case dragged on for some time as the partner wouldn't accept that this part of the will had 'failed'.
    • Browntoa
    • By Browntoa 11th Apr 18, 10:35 AM
    • 34,109 Posts
    • 40,239 Thanks
    Browntoa
    DIY will , as pointed out probably invalid if not correct

    Will writing company , looks fine until you see the extortionate fees for execution of it

    Solicitor will , yes you could get a bad apple but 99% ok and you can choose to have options to self manage execution of will or allow solicitor to do it . Solicitor is required to give you list of feeds. Simple updates can be done by codicil rather than full rewrite.
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's , Boost your income and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • AnotherJoe
    • By AnotherJoe 11th Apr 18, 10:49 AM
    • 11,886 Posts
    • 13,854 Thanks
    AnotherJoe
    All I can say is that if you had ever seen the heartache and confusion caused by a DIY will that was found to be invalid you would never use one. A classic case is where someone makes a simple will leaving everything to their unmarried partner. The will (I added that word you presumably just missed it? ) is invalid so the partner does not get a penny under the intestacy rules. The partner is made homeless and, penniless. All for the sake of paying a solicitor 150 to do the job properly. Don.t do it!!!
    Originally posted by Yorkshireman99
    Are you saying in that case the will was invalid just because it left everything to an unmarried partner (seems strange?) , or it was invalid due to another issue and therefore failed to accomplish the aims of leaving to unmarried partner ?
    • AnotherJoe
    • By AnotherJoe 11th Apr 18, 10:55 AM
    • 11,886 Posts
    • 13,854 Thanks
    AnotherJoe
    To be fair, the fact that the will hadn't been reviewed for many years wasn't the fault of the professional who drew up the original one. Our solicitor certainly told us that we should review ours at regular intervals, especially if our circumstances/wishes changed.

    I'm not in the legal profession (retired LGPS administrator) but I do have experience of dealing with the fall-out from DIY wills. In one case, the WH Smith diy job seemed perfectly legit in that it had been properly signed and witnessed etc. Unfortunately, the retired LGPS pensioner used the will to 'leave' his unmarried partner his LGPS benefits - but this wasn't possible under the rules in effect at the time the chap retired (ie, pension to legally married spouse only). This case dragged on for some time as the partner wouldn't accept that this part of the will had 'failed'.
    Originally posted by Silvertabby
    That's probably equally likely with a solicitor, who could not be expected to know the LGPS rules either. There are many other similar possibilities although solicitor might be expected to correct some more obvious ones, eg you wouldnt want "I leave 43 Acacia Avenue, Walthamstead....." you'd want "I leave my main residence.... " or " i leave all property owned by me...".

    FWIW I splashed the cash on a solicitor drawn up one. And also left the original with the solicitor, I find it strange that people keep the originals at home where they could easily be lost or destroyed (possibly in the same fire that does for the testator!) , the repercussions of that can be worse than some sections of a will being invalid.
    • Yorkshireman99
    • By Yorkshireman99 11th Apr 18, 11:09 AM
    • 4,802 Posts
    • 4,022 Thanks
    Yorkshireman99
    Are you saying in that case the will was invalid just because it left everything to an unmarried partner (seems strange?) , or it was invalid due to another issue and therefore failed to accomplish the aims of leaving to unmarried partner ?
    Originally posted by AnotherJoe
    The will was invalid because it was not correctly witnessed. Of course it could be for any other reason but the result would be the same. Also remember if solicitor gets it wrong the beficiaries can sue.
    Last edited by Yorkshireman99; 12-04-2018 at 6:15 AM.
    • Silvertabby
    • By Silvertabby 11th Apr 18, 5:23 PM
    • 3,529 Posts
    • 5,213 Thanks
    Silvertabby
    To be fair, the fact that the will hadn't been reviewed for many years wasn't the fault of the professional who drew up the original one. Our solicitor certainly told us that we should review ours at regular intervals, especially if our circumstances/wishes changed.

    I'm not in the legal profession (retired LGPS administrator) but I do have experience of dealing with the fall-out from DIY wills. In one case, the WH Smith diy job seemed perfectly legit in that it had been properly signed and witnessed etc. Unfortunately, the retired LGPS pensioner used the will to 'leave' his unmarried partner his LGPS benefits - but this wasn't possible under the rules in effect at the time the chap retired (ie, pension to legally married spouse only). This case dragged on for some time as the partner wouldn't accept that this part of the will had 'failed'.
    Originally posted by Silvertabby
    That's probably equally likely with a solicitor, who could not be expected to know the LGPS rules either. There are many other similar possibilities although solicitor might be expected to correct some more obvious ones, eg you wouldnt want "I leave 43 Acacia Avenue, Walthamstead....." you'd want "I leave my main residence.... " or " i leave all property owned by me...".

    FWIW I splashed the cash on a solicitor drawn up one. And also left the original with the solicitor, I find it strange that people keep the originals at home where they could easily be lost or destroyed (possibly in the same fire that does for the testator!) , the repercussions of that can be worse than some sections of a will being invalid.
    Originally posted by AnotherJoe
    True, but I would expect any half decent solicitor to at least ask if it is possible to bequeath a pension in this way - and to check the scheme rules if they are unsure. After all, I could tell my solicitor that I wanted to change my Will to say that I wanted to leave the Crown Jewels to my niece................
    • AnotherJoe
    • By AnotherJoe 11th Apr 18, 5:31 PM
    • 11,886 Posts
    • 13,854 Thanks
    AnotherJoe
    Too late, I've left them to my granddaughter
    • YoungBlueEyes
    • By YoungBlueEyes 11th Apr 18, 10:35 PM
    • 487 Posts
    • 655 Thanks
    YoungBlueEyes
    I'm not sure about cost-wise where you are, or what worldly goods you have, or how complicated your current will is, but - I've just made my first will and used a local solicitor to draw it up. It's basically simple (I don't have children/grandkids/multiple properties/squillions of pounds) and it cost me 70. I'm not in the swishest area of the country though so perhaps that's not representative.
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