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  • FIRST POST
    • Cacran
    • By Cacran 4th Apr 19, 9:38 PM
    • 475Posts
    • 265Thanks
    Cacran
    Can I make my own Will
    • #1
    • 4th Apr 19, 9:38 PM
    Can I make my own Will 4th Apr 19 at 9:38 PM
    Wonder how hard it is to make your own Will.

    I have seen that you can get templates, but how do they stand up, legally?

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    Last edited by MSE Tine; 24-04-2019 at 10:14 AM.
    Keep on trucking!
Page 1
    • Mojisola
    • By Mojisola 4th Apr 19, 9:44 PM
    • 30,991 Posts
    • 79,429 Thanks
    Mojisola
    • #2
    • 4th Apr 19, 9:44 PM
    • #2
    • 4th Apr 19, 9:44 PM
    It's very easy - to get it wrong.
    • Savvy_Sue
    • By Savvy_Sue 4th Apr 19, 9:50 PM
    • 39,869 Posts
    • 37,116 Thanks
    Savvy_Sue
    • #3
    • 4th Apr 19, 9:50 PM
    • #3
    • 4th Apr 19, 9:50 PM
    If you get a home made will signed and witnessed correctly, it will stand up fine. If you mess that bit up, your executors may find that the will is worthless, or sometimes worse than useless. And it's actually quite easy to mess that bit up.

    It also may not say what you think it says, or may not cover all the eventualities.

    For that reason, on the Death, Funerals & Probate board we generally recommend (strongly) that you use a solicitor. Not a 'will-writer' who offers to come to your home and offers all sorts of extra services (at a cost), but who may not be legally qualified.

    Have a think about what you want to achieve in your will, think about the 'what if' situations (one of your beneficiaries dies before you, who should inherit their share?), think about suitable people to act as Executors (not the solicitors unless there are really good reasons for that), phone around a few local firms and ask what they'd charge.

    If your will is "I leave everything to X, or if they die before me to Y", that's generally a simple will, for which a quote should be easily obtainable. The solicitor will say that they'll charge more for a more complex will.

    The thing is, by the time your will matters, you won't be around to see what kind of mayhem it causes is it's invalid, or doesn't say what you intended.
    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, multiple poppies, 3 peony flowers, 4 butterflies ...
    Current projects: ready to decrease / decreasing on all parts of the mohair cardigan pattern! but moved onto wrist warmers for friends at Christmas ...
    • LandyAndy
    • By LandyAndy 5th Apr 19, 10:55 AM
    • 24,729 Posts
    • 52,082 Thanks
    LandyAndy
    • #4
    • 5th Apr 19, 10:55 AM
    • #4
    • 5th Apr 19, 10:55 AM
    And don't forget this

    https://www.willaid.org.uk/
    • Robin9
    • By Robin9 5th Apr 19, 11:04 AM
    • 4,370 Posts
    • 2,801 Thanks
    Robin9
    • #5
    • 5th Apr 19, 11:04 AM
    • #5
    • 5th Apr 19, 11:04 AM
    Wonder how hard it is to make your own Will.

    I have seen that you can get templates, but how do they stand up, legally?
    Originally posted by Cacran
    How "simple" do you think your estate is ? do you own property, husband/wife/partner , children (what ages), do you owe more than you have , how old are you. What are the what ifs I die first, beneficiary dies first .......................

    Solicitors make a little from wills they do, lots from DIY and will writers.
    Never pay on an estimated bill
    • Keep pedalling
    • By Keep pedalling 5th Apr 19, 12:38 PM
    • 6,544 Posts
    • 7,616 Thanks
    Keep pedalling
    • #6
    • 5th Apr 19, 12:38 PM
    • #6
    • 5th Apr 19, 12:38 PM
    If you have a small estate with no property and don’t have children by someone other than your current spouse / partner then you are probably OK, otherwise do it properly via a solisitor.
    • lincroft1710
    • By lincroft1710 5th Apr 19, 6:00 PM
    • 11,938 Posts
    • 10,431 Thanks
    lincroft1710
    • #7
    • 5th Apr 19, 6:00 PM
    • #7
    • 5th Apr 19, 6:00 PM
    Can I make my own Will

    Yes, but don't!
    • badmemory
    • By badmemory 5th Apr 19, 6:08 PM
    • 2,560 Posts
    • 4,037 Thanks
    badmemory
    • #8
    • 5th Apr 19, 6:08 PM
    • #8
    • 5th Apr 19, 6:08 PM
    I thought my will would be really simple - just everything goes to my son. Never occured to me to think about the what ifs. Thank goodness the solicitor did. But don't use them as executor.
    • maman
    • By maman 5th Apr 19, 10:47 PM
    • 19,898 Posts
    • 118,931 Thanks
    maman
    • #9
    • 5th Apr 19, 10:47 PM
    • #9
    • 5th Apr 19, 10:47 PM
    And don't forget this

    https://www.willaid.org.uk/
    Originally posted by LandyAndy
    We used Will Aid and paid a little extra for changing our home ownership to tenants in common and the 'what ifs'.

    However my mother did DIY as hers was simply leaving everything to her 3 children shared equally and naming 2 of us as executors. I had no problems with it.

    So I'd say you could risk your own if it's very simple and straightforward but much safer to use a solicitor but agree don't use them as executors.
    • caz.fraser
    • By caz.fraser 10th Apr 19, 12:11 PM
    • 1 Posts
    • 1 Thanks
    caz.fraser
    Any reason why a solicitor is not recommended as an executor?
    • LilElvis
    • By LilElvis 10th Apr 19, 12:18 PM
    • 4,367 Posts
    • 11,573 Thanks
    LilElvis
    Any reason why a solicitor is not recommended as an executor?
    Originally posted by caz.fraser
    Their charges. They are professionals, and charge accordingly, even for the most simple administrative tasks.
    • p00hsticks
    • By p00hsticks 10th Apr 19, 12:32 PM
    • 6,943 Posts
    • 7,598 Thanks
    p00hsticks
    Any reason why a solicitor is not recommended as an executor?
    Originally posted by caz.fraser
    As LilElvis says, they'll rack up charges on something which can be fairly straightforward for a non-professional to carry out at no cost to the estate.

    And they'll still need assistance from faily members on things liek tracking down bank accounts, shae holdings etc

    And if there are complications, the non-professional executor still has the option of bringing in a solicitor to assist them.
    • Cacran
    • By Cacran 10th Apr 19, 5:05 PM
    • 475 Posts
    • 265 Thanks
    Cacran
    We have both only been married to each other for 44years.
    We have a son and daughter both in their 30's.
    We own our home outright.
    We want to leave everything firstly to the spouse who is surviving, then everything to our children.
    We have no debts.
    I think that is as straight forward as it gets.
    Keep on trucking!
    • maman
    • By maman 10th Apr 19, 7:01 PM
    • 19,898 Posts
    • 118,931 Thanks
    maman
    We have both only been married to each other for 44years.
    We have a son and daughter both in their 30's.
    We own our home outright.
    We want to leave everything firstly to the spouse who is surviving, then everything to our children.
    We have no debts.
    I think that is as straight forward as it gets.
    Originally posted by Cacran

    Don't want to be morbid but what if one of your children predeceases you? Would it all be left to remaining child or are there grandchildren/in laws? What about any valuables such as jewellery. Would you prefer that went to daughter rather than DIL?


    These are just examples. It's really not always that simple.
    • Mojisola
    • By Mojisola 10th Apr 19, 8:05 PM
    • 30,991 Posts
    • 79,429 Thanks
    Mojisola
    We want to leave everything firstly to the spouse who is surviving, then everything to our children.
    Originally posted by Cacran
    Would you want to protect half of the value of the house from care home fees so that there is something for your children to inherit?
    • Savvy_Sue
    • By Savvy_Sue 10th Apr 19, 9:02 PM
    • 39,869 Posts
    • 37,116 Thanks
    Savvy_Sue
    As LilElvis says, they'll rack up charges on something which can be fairly straightforward for a non-professional to carry out at no cost to the estate.

    And they'll still need assistance from faily members on things liek tracking down bank accounts, shae holdings etc

    And if there are complications, the non-professional executor still has the option of bringing in a solicitor to assist them.
    Originally posted by p00hsticks
    And they will do it in their own sweet time ... and they have no reason to work to any particular timetable.

    Whereas if you appoint your spouse and your adult children as co-executors, you've got three grown-ups who materially benefit from the will being executed and the assets distributed. And if one of them is not in a position to act, then one or both of the others can take over. Either the 'unwilling' exec stands down completely, or they take 'power reserved': that means they are to be kept 'in the loop' and put a final signature on the probate forms.

    Now, there ARE circumstances in which a professional executor is a Jolly Good Idea. If your offspring are generally at daggers drawn with each other and / or either spouse, and any of them might accuse the other of manipulation, hiding assets, stealing from the estate etc etc etc, then a professional executor will take all the emotion out of the situation.

    And if there's a reason NOT to appoint either spouse or one of the offspring, then don't do it.

    BTW, the question about grandchildren / potential grandchildren is another of the 'what if' questions a good solicitor will ask you about. My parents specifically excluded their grandchildren inheriting if any of us had predeceased them, but as I understand it that is not the 'default' position. Even if you only have grandchildren by one of your children, and even if it looks unlikely that any more will arrive, do you want to cater for future surprises? I know I would ...
    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, multiple poppies, 3 peony flowers, 4 butterflies ...
    Current projects: ready to decrease / decreasing on all parts of the mohair cardigan pattern! but moved onto wrist warmers for friends at Christmas ...
    • MrsPorridge
    • By MrsPorridge 12th Apr 19, 1:09 PM
    • 1,718 Posts
    • 2,826 Thanks
    MrsPorridge
    DH and I have just started the ball rolling with this - mirror wills so everything to each other and then to our DS. I wanted it done properly having recently lost Dad - it's so much easier when it's written down and has given me lots of peace of mind. It is costing us 300 inc VAT. There were some questions I had not thought of, like if DS goes first who will benefit? If he has children will it go to them? It may seem straightforward but there may be things you haven't thought of.
    Getting back on Track
    Save 12k in 2019. #130 10,210/15,000
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