wills - terminology question
Discussion
I've been asked to be an executor for an elderly lady.
She has written her own will....
She has a fairly simple set-up, small amount of savings and a house. She has written that she want her debts/funeral expenses paid and and that 'all monies left' go to an individual (not me before anyone asks) who is a relative.
I've suggested that she gets a solicitor to do it properly, but she is somewhat set in her ways...
She has other close relatives still alive who are not mentioned in the will.
Is it likely that this 'all monies left' will be considered to include the property (as part of the estate) or do I should I ask her to mention the property specifically.
Or should I steer clear and ask her to chose someone else to be executor?
She has written her own will....
She has a fairly simple set-up, small amount of savings and a house. She has written that she want her debts/funeral expenses paid and and that 'all monies left' go to an individual (not me before anyone asks) who is a relative.
I've suggested that she gets a solicitor to do it properly, but she is somewhat set in her ways...
She has other close relatives still alive who are not mentioned in the will.
Is it likely that this 'all monies left' will be considered to include the property (as part of the estate) or do I should I ask her to mention the property specifically.
Or should I steer clear and ask her to chose someone else to be executor?
You first of all need to establish what the estate will consist of. I'd caution against not involving a solicitor, but as long as it is clear, concise and properly executed (two winesses who are not beneficiaries) it should be ok.
I'd suggest that 'monies' isn't the best term if it includes immovable property.
I'd suggest that 'monies' isn't the best term if it includes immovable property.
TooLateForAName said:
That's what worries me. I was thinking of suggesting 'the remainder of my estate' or similar.
It is a very straightforward estate - couple of bank accounts and the house. A few specific item bequests (grandfather clock goes to Ms X, etc) and residue to relative A.
What happens if A kicks the bucket before her, or very soon after? Professionally-written wills normally include a back-up.It is a very straightforward estate - couple of bank accounts and the house. A few specific item bequests (grandfather clock goes to Ms X, etc) and residue to relative A.
TooLateForAName said:
She has other close relatives still alive who are not mentioned in the will...
Or should I steer clear and ask her to chose someone else to be executor?
Personally, for me this would ring alarm bells. Or should I steer clear and ask her to chose someone else to be executor?
Wills, money, a bereavement and a sense of entitlement can tend to make people act in a funny way.
Would you ever want to be asked, "So, you are the executor, and you wrote the will...? Well, I was promised....."?
Engaging a solicitor to do this independently of you being executor might reduce any problems that may arise.
I don't think that being executor and also having been the man that drafted the will are necessarily mutually exclusive - solicitors will draft wills in which they are to be appointed as paid for executors. I wouldn't suggest any involvement i. The drafting for a beneficiary, however.
Notwithstanding that, for a document dealing with so much money I'd always suggest professional help.
Notwithstanding that, for a document dealing with so much money I'd always suggest professional help.
Actus Reus said:
Notwithstanding that, for a document dealing with so much money I'd always suggest professional help.
Yes, that is the crux of the point I am making.There's been at least one thread on here that I remember where the drafting and execution of the will has been legally challenged by a third party who thought they should be entitled.
Lots of cases on it - capacity and duress, proper execution blah blah. A solicitor will charge, what, £500? And the estate is probably six figures if there is real property involved.
If the testatrix is dead set against legal help though, there are will-writing kits and so on that you can use. If there is a feeling that things may become contentious, however, I'd want a lawyer's help (solicitor, legal exec, some notaries, professional will writer etc.)
If the testatrix is dead set against legal help though, there are will-writing kits and so on that you can use. If there is a feeling that things may become contentious, however, I'd want a lawyer's help (solicitor, legal exec, some notaries, professional will writer etc.)
JustinP1 said:
There's been at least one thread on here that I remember where the drafting and execution of the will has been legally challenged by a third party who thought they should be entitled.
'course, somebody determined enough can legally challenge anything they want, no matter how water-tight it might be. The difference comes in whether that challenge gets anywhere.JustinP1 said:
Personally, for me this would ring alarm bells.
Wills, money, a bereavement and a sense of entitlement can tend to make people act in a funny way.
Would you ever want to be asked, "So, you are the executor, and you wrote the will...? Well, I was promised....."?
Engaging a solicitor to do this independently of you being executor might reduce any problems that may arise.
I take your point, but I wouldn't have any issues with being challenged.Wills, money, a bereavement and a sense of entitlement can tend to make people act in a funny way.
Would you ever want to be asked, "So, you are the executor, and you wrote the will...? Well, I was promised....."?
Engaging a solicitor to do this independently of you being executor might reduce any problems that may arise.
I'm not writing the will - I'm not saying anything about what goes where - I've just said that I would like the document to be as clear as possible. I've raised a concern and asked a question. She intends the house to part of the estate and go to the relative in question - I'm just suggesting to her that the wording could be clearer.
I've said that she should use a solicitor, but its her choice.
TooLateForAName said:
JustinP1 said:
Personally, for me this would ring alarm bells.
Wills, money, a bereavement and a sense of entitlement can tend to make people act in a funny way.
Would you ever want to be asked, "So, you are the executor, and you wrote the will...? Well, I was promised....."?
Engaging a solicitor to do this independently of you being executor might reduce any problems that may arise.
I take your point, but I wouldn't have any issues with being challenged.Wills, money, a bereavement and a sense of entitlement can tend to make people act in a funny way.
Would you ever want to be asked, "So, you are the executor, and you wrote the will...? Well, I was promised....."?
Engaging a solicitor to do this independently of you being executor might reduce any problems that may arise.
I'm not writing the will - I'm not saying anything about what goes where - I've just said that I would like the document to be as clear as possible. I've raised a concern and asked a question. She intends the house to part of the estate and go to the relative in question - I'm just suggesting to her that the wording could be clearer.
I've said that she should use a solicitor, but its her choice.
Being an executor is a great responsibility and it sounds like you could be setting yourself up for a couple of years of stress.
Can I ask what your relationship is to her and why she has asked you?
I am an executor on my grans will and going through probate now. It has been very problematic with many members of the family disputing and being obstructive.
You have financial responsibilities, duties with settling everything, selling the house etc...
Can I ask what your relationship is to her and why she has asked you?
I am an executor on my grans will and going through probate now. It has been very problematic with many members of the family disputing and being obstructive.
You have financial responsibilities, duties with settling everything, selling the house etc...
From my experience of excecuting my mothers will I would ask who will pay for the funeral!
A funeral may take place before probate is granted and the Funeral Directors want paying.
Can the single beneficiary dip into their pockets to pay before the will is excecuting?
I paid and added it to my share of the estate.
You may want to ponder this before you agree to anything.
A funeral may take place before probate is granted and the Funeral Directors want paying.
Can the single beneficiary dip into their pockets to pay before the will is excecuting?
I paid and added it to my share of the estate.
You may want to ponder this before you agree to anything.
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