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Have you Done a will ?
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By (user no longer on site) OP
over a year ago
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I know theres all sorts of ways even on line ..... My older son said had we made a will. Not that he is wishing for us to die. I said no but its a 4 way split ..... as have 4 children and each will get same. But we must sort it really. |
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By (user no longer on site) OP
over a year ago
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"You don't want your estate going to probate Jo, having been through that and the costs it incurs, you really should have a will written up professionally to protect your heirs."
yes reading what you have said your right now just finding best way to do it. xx
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"You don't want your estate going to probate Jo, having been through that and the costs it incurs, you really should have a will written up professionally to protect your heirs."
is that the pubic heirs ?..... |
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By (user no longer on site)
over a year ago
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slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin? |
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hmmm i guess at my age i should think about getting one done, and for those of you that think your in the clear so to speak lol, we never know when its our time to pass! I was told at 30 to get one done then but never did, so thanks to the op ill get one done now, altho i only have my brother to leave it 2 oh and me niece n nephew lol |
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?"
I think the will means you can leave what you want to who ever you wish and make your executor who ever too. Wills can be contested though, usually by relatives, so I would advise you definitely take legal advice to ensure your wishes are carried out how you want them to be |
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By (user no longer on site)
over a year ago
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i did my first will when i was aged 18. updated it every time my circumstances change and my most recent one just last month. i consider it a matter of consideration and sensitivity to those who are left after me, not a negative thing at all, and doesnt cost that much if you keep it simple.
x maria x |
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By (user no longer on site)
over a year ago
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?
I think the will means you can leave what you want to who ever you wish and make your executor who ever too. Wills can be contested though, usually by relatives, so I would advise you definitely take legal advice to ensure your wishes are carried out how you want them to be"
Certainly seek legal advice. You're right in saying that the exor will override next of kin, in matters of finance, property and distribution of assets.
With regards funeral arrangements, in some cases the reading of the Will doesn't take place until after the funeral by which time it would be too late for your wishes to be fulfilled. Your written wishes need to be documented and witnessed, and whomever you decide will deal with arrangements, must be aware that you have specific requests relating to your funeral arrangements.
All very somber but it's better to get it sorted. |
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By (user no longer on site)
over a year ago
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and to answer the original question, yes we both have, and Mrs has done a Living Will as well - both of which have been and will be re_iewed as the years pass by. |
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By (user no longer on site)
over a year ago
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Yes I have made a Will and I had the Will drawn up by a solicitor.
Never use Will writers, you know the type, ones that set up stalls in shopping centres and never make an online Will. They are open to misconduct and most of your estate will be eaten up in lawyers costs.
You need to have a Will drawn up by a solicitor, in their office, to ensure that there can be no query as to whether you were in sound mind or any coercion involved.
Its probably about £200 plus VAT for a basic Will, the hourly rate of the solicitor if its a complex Will. Its worth that cost up front than pay £20 ish (I dont know how much online Wills are) to make an online Will and then have someone contest that when you die and all your worldly goods be eaten up in a contentious probate.
Why save all your life, paying off mortgages, savings etc, for the sake of trying to cut corners on your Will. Its one of the most important documents you will ever make, so like everything in life, dont go for the cheapest option, do it properly  |
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By *abioMan
over a year ago
Newcastle and Gateshead |
after going thru what i have done with my family lately.. it is one of the things that i have now actually gone and done..... not that it is a lot but still.. peace of mind and all that... |
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By (user no longer on site)
over a year ago
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?"
The Executor is the person appointed by the Testator (the maker of the Will) to carry out their instructions and wishes as detailed in the Will.
There are no readings of Wills anymore, its not like on the TV when you see a family sitting down around a table.
An Executor can be a solicitor or a member of the family. They may or may not benefit from the Will.
However the person who witnesses the original Will can never benefit under that Will, it could be construed as coercion.
If you die intestate (not making a Will) your next of kin will benefit from your estate, if you have a wife, it will be her, then children, etc etc. If you die having made a Will, your Executor will inform all beneficiaries, and will apply to the Probate Registry for a Grant of Probate. When they receive the Grant, they can then start getting all monies in, ie; start selling properly, closing bank accounts and pay off debts from any funds received. Any gifts under the Will, whether that be a specific sum of money or a gift of jewellery, will be paid out and the residuary estate gets paid to the person named by the Testator, which usually is their husband/wife/children if the spouse has died.
I think thats the general way of how it works.
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?"
You can leave a Will nameing whoever you want as beneficary and or executor, although next of kin can contest which would mean a court case. Unlikely but possible.
Mistress x |
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By *ENGUYMan
over a year ago
Hull |
"nope but really should do seeing as how just found out my husband is having by pass surgery tomorrow , just never know whats round corner "
Just to say, I hope all goes well for your husband tomorrow with his surgery!
They do these operations everyday; it will be OK! |
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By (user no longer on site)
over a year ago
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?
You can leave a Will nameing whoever you want as beneficary and or executor, although next of kin can contest which would mean a court case. Unlikely but possible.
Mistress x"
Yes thats right and its true that if someone contests a Will, then contentious Probate is charged on an hourly rate, which depending on the experience of the lawyer, can be £200 a hour. With the time it takes and those kind of charges, unless you were very wealthy, would eat up your estate in solicitors costs, most people dont carry on with this because of the costs involved.
If someone was financially dependant on you though, say you had a disabled child who needed care, and you left all your money, house etc, to the cats home, then this is a good reason for contesting.
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By *ENGUYMan
over a year ago
Hull |
Not yet!
But as I go through what I can only define as potentially a major 'new phase' in my life, one of the tasks to clear out of the way, will be to sort out a will.
I agree with other posters on this thread. Get it done through a solicitor and cover your back! |
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"I know theres all sorts of ways even on line ..... My older son said had we made a will. Not that he is wishing for us to die. I said no but its a 4 way split ..... as have 4 children and each will get same. But we must sort it really."
Yes... mainly so we have sorted what happens to the boys...we have arranged with kevs brother who has 2 girls the same age .
It was something he brought up as he is in the navy,and my sister in law and him were concerned if anything happened to both of them. |
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By (user no longer on site)
over a year ago
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Very interesting reading some of these comments.
I was listening to Jeremy vine on the radio last week and this was one of the subjects. (lots of complaints about solicitors over charging etc)
He had a top laywer on whos job it was to sort out the mess and over charging of wills by Solicitors refered to him by unhappy members of the public.
Acording to the conversation downloading on line wills are no problem, so long as you have two indepentant people sign it when you do.
So long as you are leaving the average estate etc its good enough.
His words not mine. |
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I wrote my own and got two neighbours to witness it just before having spinal surgery a few years ago. As I'm single with no dependants I just appointed my eldest brother and youngest sister as executors and instructed my assets were to be divided equally between my four siblings - simple, free and totally legitimate.
Mind you, I did show it to a friend who is a solicitor to make sure |
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By (user no longer on site)
over a year ago
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There are definitely lots of greedy lawyers out there who will overcharge, like everything I'd say shop around and get quotes. I'm sure the Law Society may be able to help with an indication of costs, but in general a standard Will for a couple would be leaving to each other and thereafter equally between the kids.
if you have a more complex Will with trusts set up then expect to pay the solicitors hourly rate and they will probably quote about 5 hours work. You have a letter detailing all this to sign which has details of cost, a contract between yourself and your solicitor.
I think with the online Wills you have to know exactly what you're doing, understand legal terminology and understand the full implications of whether it will work after your death. There's also the matter of storage. Do you keep it in the house and risk someone destroying that Will after your death. Most of us trust our children but what if that child disagrees with a gift you may have made. Everyone knows how nasty families can get after a death when there's money involved.
I remember a situation when a Will writer was drafting Wills and offering storage of those Wills for the testators lifetime. Well that is until his garden shed went up in flames destroying them all.
You just need to ensure you understand the law and Probate before deciding on cutting costs with cheap Wills. I'd rather have a solicitor draw it up and keep it in their strongroom and ensure my family knew the whereabouts of that Will. You've got no comeback with Wills you do yourself or with Will writers setting up in shopping precincts. At least if anything goes wrong then solicitors are governed by the Law Society. I would like to think that everything I've worked for will benefit my kids and I'm prepared to pay more than £20 to ensure that |
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By (user no longer on site)
over a year ago
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"There are definitely lots of greedy lawyers out there who will overcharge, like everything I'd say shop around and get quotes. I'm sure the Law Society may be able to help with an indication of costs, but in general a standard Will for a couple would be leaving to each other and thereafter equally between the kids.
if you have a more complex Will with trusts set up then expect to pay the solicitors hourly rate and they will probably quote about 5 hours work. You have a letter detailing all this to sign which has details of cost, a contract between yourself and your solicitor.
I think with the online Wills you have to know exactly what you're doing, understand legal terminology and understand the full implications of whether it will work after your death. There's also the matter of storage. Do you keep it in the house and risk someone destroying that Will after your death. Most of us trust our children but what if that child disagrees with a gift you may have made. Everyone knows how nasty families can get after a death when there's money involved.
I remember a situation when a Will writer was drafting Wills and offering storage of those Wills for the testators lifetime. Well that is until his garden shed went up in flames destroying them all.
You just need to ensure you understand the law and Probate before deciding on cutting costs with cheap Wills. I'd rather have a solicitor draw it up and keep it in their strongroom and ensure my family knew the whereabouts of that Will. You've got no comeback with Wills you do yourself or with Will writers setting up in shopping precincts. At least if anything goes wrong then solicitors are governed by the Law Society. I would like to think that everything I've worked for will benefit my kids and I'm prepared to pay more than £20 to ensure that "
Good point..its all about peace of mind and personal preferences.
But if i contacted a solicitor and said i was going to download a will he would of course say..They are not valid and your family etc will lose out!
After all its in his interest to say that.
I can only go on the conversations of a radio show i listened to...hence my Contribution to this tobic.
Was i surprised by this as well (online wills) then i would have to say YES!
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I would encourage everyone to make a will. My late father in law did not make a will and it caused no end of problems. it actually took some years of wrangling due to one of the brothers, as he lived at home, thinking he was entitled to everything.
My late mother in law had made a will leaving everything split equally between the three sons. But as fathers will was not sorted, we could not sort hers. Took years and the estate was decimated by solicitors costs |
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By (user no longer on site) OP
over a year ago
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I all ways did think you never done a will untill old ....... but really its not about getting old thinking your on the way out its about things in place ... next week i am sorting this and after reading posts here its helped make up my mind x |
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By (user no longer on site) OP
over a year ago
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"I've not done one yet but i have a small family so they would get what little there is anyway. "
I think even if you dont have alot you still need too ........ my Autie just died her funrel this week and i cant get over how even some of my cousins even saying she was going to give them this and that from the house ....... its bad when you get this and not even had the funrel ,, I said give them nothing i wish for nothing its her family who should have everything . |
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i heard on the radio there is a free wills week, cant remember when,but it is yearly and many local solicitors join as it is a way of getting new clients,i am sure a quick google wud show ones doing it. |
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