DIY Will kits.
Discussion
People of the Plod and law section!
My Dad brought up the ever so cheery subject of death yesterday (why I don't know)
He was on about writing a will, but doesn't want to spend hundreds on a lawyer writing it up for him so he was thinking about getting one of those DIY will kits.
I'm not so keen, as I don't want the whole thing nullified if something is misspelt or worded slightly wrong.
Are my concerns over nothing, or is it worth getting someone who knows what they're looking for to look over it?
Thanks!
My Dad brought up the ever so cheery subject of death yesterday (why I don't know)
He was on about writing a will, but doesn't want to spend hundreds on a lawyer writing it up for him so he was thinking about getting one of those DIY will kits.
I'm not so keen, as I don't want the whole thing nullified if something is misspelt or worded slightly wrong.
Are my concerns over nothing, or is it worth getting someone who knows what they're looking for to look over it?
Thanks!
Only problem with the will kits is that they're designed for law of England and are not suitable for those in Scotland or Northern Ireland or isle of Man or Channel Islands - or for residents in other countries of the world outside of England where inheritance and tax laws might be different.
The only query is, is that he split from my mum who has a daughter he brought up (but no blood to him) she's getting a bit of his savings. whilst his blood daughter and me are getting half the proceeds of the house so I'm concerned for any possible contentions.
Thanks for the link, I'll have a look at it now!
Thanks for the link, I'll have a look at it now!
anonymous said:
[redacted]
That's my worry. All of us are half brothers/sisters as my older sister (same dad) has a different Mum to me, whereas youngest sister has same mum, but different dad.
He doesn't want to spend a couple of hundred on a "proper" will for a "half an hour of the solicitors time, and 1 piece of paper"
I've expressed my concerns, and I know how gullible and err... easily lead youngest sister is, and how evil my "mother" can be.
The biggest mistake people make on DIY wills is not spelling or grammar, but they have witnesses who are also beneficiaries. That invalidates the will.
Witnesses cannot inherit, although executors can. Avoid that error, make his intentions clear and unambiguous, and you're home and dry.
Witnesses cannot inherit, although executors can. Avoid that error, make his intentions clear and unambiguous, and you're home and dry.
I have seen my fair share of these situations, and I can tell you I have been involved in having to rescue some pretty damaging circumstances where a badly drawn Will has totally destroyed the family relationships after the testator had died. No one wins, everyone loses!
would say that simple Will drafting of the type you are suggesting is ONLY a sensible option for simple family circumstances (ie no second marriages or half-blood relationships etc) and when the estate is very small.
I would go further in respect to your Dads reported circumstances and suggest that 90-200 pounds (or even a bit more) is a very small price to pay for family cohesion, to have his wishes after death fulfilled, and to help minimise such problems.
I would not got to an online service or even just conduct a telephone conversation with a Will writer, because so many nuances & things can be missed to the detriment of the case.
It never ceased to amaze me how some people think that spending money on seeking professional advice and constructing a properly and carefully thought out Will is a waste of money!
would say that simple Will drafting of the type you are suggesting is ONLY a sensible option for simple family circumstances (ie no second marriages or half-blood relationships etc) and when the estate is very small.
I would go further in respect to your Dads reported circumstances and suggest that 90-200 pounds (or even a bit more) is a very small price to pay for family cohesion, to have his wishes after death fulfilled, and to help minimise such problems.
I would not got to an online service or even just conduct a telephone conversation with a Will writer, because so many nuances & things can be missed to the detriment of the case.
It never ceased to amaze me how some people think that spending money on seeking professional advice and constructing a properly and carefully thought out Will is a waste of money!
Okay so this is not as easy as it seems.
Your Dad needs to make sure that he sees a Solicitor about this Will. He is not paying a few £100 for 30 minutes and a piece of paper. He is paying a few £100 to make sure that what he wants to happen does happen. In addition to that the file will be kept until he dies and there will be notes and letters in there confirming exactly what was discussed and why the decisions that were taken were. If there were to be a fight about it all this will be invaluable. Just think how it will go down with you saying that you helped him buy and fill out the home will kit...
He is also paying for the knowledge to make sure that the right things are all done and for the insurance to cover it off if the solicitor drops a b
k.
Two things I would also mention.
1. I am a property solicitor. I am looking to buy a new house. I have a very good idea what to look out for when viewing a house for a surveying pov. I have just paid a man I trust £840 to do a full buildings survey of the house and it has identified about £20k of work that I had no idea needed doing. If I had bought that house at the price i was originally willing to pay i would be in deep st (literally, one of the issues is the Septic Tank is FUBAR'D)
2. My Firm has specialists in contentious and disputed probate matters. It is highly profitable and one of the most regular things that crops up is where the Will has been done without recourse to proper legal advice and/or with a home will kit when drafting.
As ever people need to get their priorities right. £200ish to make sure that EVERYTHING YOU OWN goes where you want it to on your death. Many of us will have spent more than that on a good night out FFS. You can't exactly stand up and say "But that's not what I intended" when you are dead...
Your Dad needs to make sure that he sees a Solicitor about this Will. He is not paying a few £100 for 30 minutes and a piece of paper. He is paying a few £100 to make sure that what he wants to happen does happen. In addition to that the file will be kept until he dies and there will be notes and letters in there confirming exactly what was discussed and why the decisions that were taken were. If there were to be a fight about it all this will be invaluable. Just think how it will go down with you saying that you helped him buy and fill out the home will kit...
He is also paying for the knowledge to make sure that the right things are all done and for the insurance to cover it off if the solicitor drops a b
k.Two things I would also mention.
1. I am a property solicitor. I am looking to buy a new house. I have a very good idea what to look out for when viewing a house for a surveying pov. I have just paid a man I trust £840 to do a full buildings survey of the house and it has identified about £20k of work that I had no idea needed doing. If I had bought that house at the price i was originally willing to pay i would be in deep s
t (literally, one of the issues is the Septic Tank is FUBAR'D)2. My Firm has specialists in contentious and disputed probate matters. It is highly profitable and one of the most regular things that crops up is where the Will has been done without recourse to proper legal advice and/or with a home will kit when drafting.
As ever people need to get their priorities right. £200ish to make sure that EVERYTHING YOU OWN goes where you want it to on your death. Many of us will have spent more than that on a good night out FFS. You can't exactly stand up and say "But that's not what I intended" when you are dead...
Edited by Rude-boy on Friday 30th October 12:30
Blanchimont said:
That's my worry. Everything he's ever had he's had to work for, and I'd hate to see anybody getting they're hands on money that they don't deserve.
Unless you've looked after a sick relative for years, I would guess that most people who inherit are getting their hands on money they don't deserve, even if it was rightfully left to them.Rude-boy said:
Lots of sensible stuff
I wholeheartedly agree. Not because I'm a lawyer and therefore I would - but because I'm a lawyer and I deal with contested will claims, and see the tremendous stress, aggravation and cost it leads to.A straightforward will with no detailed estate planning required won't cost much, in the scheme of things. A couple of hundred quid, perhaps. Maybe a bit more, maybe a bit less, depending on where in the country you are.
As tonker rightly points out, you can't completely remove the risk of a claim being made by someone who hasn't been left something and feels that they should, or someone wanting to challenge the validity of the will - but you CAN make it as difficult as possible for such a claim to succeed by showing that you've thought about these things beforehand. A solicitor's file note of the instructions taken on preparing the will and the testator's intentions is very helpful in that regard.
Lurking Lawyer said:
I wholeheartedly agree. Not because I'm a lawyer and therefore I would - but because I'm a lawyer and I deal with contested will claims, and see the tremendous stress, aggravation and cost it leads to.
A straightforward will with no detailed estate planning required won't cost much, in the scheme of things. A couple of hundred quid, perhaps. Maybe a bit more, maybe a bit less, depending on where in the country you are.
As tonker rightly points out, you can't completely remove the risk of a claim being made by someone who hasn't been left something and feels that they should, or someone wanting to challenge the validity of the will - but you CAN make it as difficult as possible for such a claim to succeed by showing that you've thought about these things beforehand. A solicitor's file note of the instructions taken on preparing the will and the testator's intentions is very helpful in that regard.
My dad had a quote for around £200 for a will written. In the south west, does that sound about the going rate?A straightforward will with no detailed estate planning required won't cost much, in the scheme of things. A couple of hundred quid, perhaps. Maybe a bit more, maybe a bit less, depending on where in the country you are.
As tonker rightly points out, you can't completely remove the risk of a claim being made by someone who hasn't been left something and feels that they should, or someone wanting to challenge the validity of the will - but you CAN make it as difficult as possible for such a claim to succeed by showing that you've thought about these things beforehand. A solicitor's file note of the instructions taken on preparing the will and the testator's intentions is very helpful in that regard.
It's in the ballpark. I just asked one of my Wills, Trust and Probate colleague what we charge for a straightforward will and was told it's £120 plus VAT (south Cheshire/north Staffs, for reference).
It may pay to get a couple of other quotes from local firms as rates do seem to vary even within the same town....
It may pay to get a couple of other quotes from local firms as rates do seem to vary even within the same town....
Lurking Lawyer said:
It's in the ballpark. I just asked one of my Wills, Trust and Probate colleague what we charge for a straightforward will and was told it's £120 plus VAT (south Cheshire/north Staffs, for reference).
It may pay to get a couple of other quotes from local firms as rates do seem to vary even within the same town....
I will do, all my dad has done is go to one place nearby and got a quote. I will have to ask to look around a little more. It may pay to get a couple of other quotes from local firms as rates do seem to vary even within the same town....
We had the rather unfortunate experience of dealing with a firm in Warwick who handled my in laws estate. The will was drafted free on the recommendation of one of the major banks.
Free at the time of writing, but at the point of execution the will specified that this particular firm were sole executors.
The charges were horrific.
Nearly 15% of the estate.
Much has been written about these scam merchants if google it.
PM me for more info if you wish
Free at the time of writing, but at the point of execution the will specified that this particular firm were sole executors.
The charges were horrific.
Nearly 15% of the estate.
Much has been written about these scam merchants if google it.
PM me for more info if you wish
We had the rather unfortunate experience of dealing with a firm in Warwick who handled my in laws estate. The will was drafted free on the recommendation of one of the major banks.
Free at the time of writing, but at the point of execution the will specified that this particular firm were sole executors.
The charges were horrific.
Nearly 15% of the estate.
Much has been written about these scam merchants if google it.
PM me for more info if you wish
Free at the time of writing, but at the point of execution the will specified that this particular firm were sole executors.
The charges were horrific.
Nearly 15% of the estate.
Much has been written about these scam merchants if google it.
PM me for more info if you wish
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