PH solicitors - how do I...?
Discussion
Silversun, I'm not a probate lawyer and please don't take this as any sort of legal advice...
On the basis that people train for years to become probate lawyers and wills are frequently being contested, my view is that going through a solicitor is always the bast way (but then I would say that, wouldn't I?!
).
When it's read, you won't be around in person to iron out any wrinkles or explain any ambiguities, so the best thing to do is make sure it's done right.
I'm sure that if you made a list of who should get what before you see the solicitor, the session shouldn't be too long or expensive (unless you have a particularly complex estate, in which case legal advice is vital!).
Just my £0.02; I'm sure somebody who knows something will be along soon
On the basis that people train for years to become probate lawyers and wills are frequently being contested, my view is that going through a solicitor is always the bast way (but then I would say that, wouldn't I?!
). When it's read, you won't be around in person to iron out any wrinkles or explain any ambiguities, so the best thing to do is make sure it's done right.
I'm sure that if you made a list of who should get what before you see the solicitor, the session shouldn't be too long or expensive (unless you have a particularly complex estate, in which case legal advice is vital!).
Just my £0.02; I'm sure somebody who knows something will be along soon
I bought a will pack for £10 (can't remember the actual site but it can't be difficult to find). It has all the forms printed, and on disc, and full instructions on how to prepare your will. All you need to do is get it witnessed, and ask a solicitor to keep a copy for you, and it's sorted. it is a legal document (AFAIK) once it has been signed by you, and witnessed by independent signatories, and you have specified your executors, and it tells you how to deal with residual estate etc. Easy peasy!
Advice here - www.adviceguide.org.uk/index/family_parent/family/wills/index/family_parent/family/wills.htm
>> Edited by nubbin on Tuesday 20th September 09:52
Advice here - www.adviceguide.org.uk/index/family_parent/family/wills/index/family_parent/family/wills.htm
>> Edited by nubbin on Tuesday 20th September 09:52
nubbin said:
I bought a will pack for £10 (can't remember the actual site but it can't be difficult to find). It has all the forms printed, and on disc, and full instructions on how to prepare your will. All you need to do is get it witnessed, and ask a solicitor to keep a copy for you, and it's sorted. it is a legal document (AFAIK) once it has been signed by you, and witnessed by independent signatories, and you have specified your executors, and it tells you how to deal with residual estate etc. Easy peasy!
Advice here - <a href="www.adviceguide.org.uk/index/family_parent/family/wills/index/family_parent/family/wills.htm">www.adviceguide.org.uk/index/family_parent/family/wills/index/family_parent/family/wills.htm</a>
>> Edited by nubbin on Tuesday 20th September 09:52
This route is fine as long as you are keeping it simple. Once you get much beyond "I leave everything to X" then you should really get a solicitor involved. As someone said, we have a lot of training and probate lawyers will do this every day and know exactly what works and what doesn't.
Thankfully I'm not a probate lawyer though, so can't give you any more help than this.
>> Edited by Nevin on Tuesday 20th September 10:21
When someone dies it is usual that the executors instruct a solicitor to deal with application for the grant of probate and also the administration of the estate. In almost every estate where the will was drawn up by a lay man the cost of dealing with this will be double. Fact. You would not believe some of the pit falls. For example you must never staple anything, such as a covering letter to a will - to do so will almost certainly render it void.
I don't do wills so please take advice from a solicitor who does. I possibly did do my LPC more recently than most on here though and the title of my extended research for my CPE was "Why all Wills should be professionally drawn and notarialy (sp?) executed."
I don't do wills so please take advice from a solicitor who does. I possibly did do my LPC more recently than most on here though and the title of my extended research for my CPE was "Why all Wills should be professionally drawn and notarialy (sp?) executed."
superlightr said:
I possibly did do my LPC more recently than most on here though and the
LPC,newbie........... I remember the good old days when all proper lawyers had to do the LSF, those were the hard days not this new fangled thingy.......
Hah, the good ol' days. How much did you say you paid to do your articles?
Probate and estate planning isn't my bag either (thank the lord - it was the dullllllllllllllllest module on the LPC by a long chalk) but I know that most firms who do this kind of work will usually offer a fixed fee service for preparing wills, so long as you keep it simple(ish) and don't have to worry about complex IHT-avoidance schemes.
It's worth calling around a few firms of local solicitors and asking them what they charge for it.
It's worth calling around a few firms of local solicitors and asking them what they charge for it.
Lurking Lawyer said:
Probate and estate planning isn't my bag either (thank the lord - it was the dullllllllllllllllest module on the LPC by a long chalk).
Oh yes, hence my earlier quote. It also pays a pittance unless your clients are very wealthy.
And I didn't do the LPC either, but then nor did I do LSF.
My advice is to spend the money getting it done properly now especially if tax planning/trusts are to be involved. Also make sure those who have to deal with it will know what to do when the time comes (write down the necessary info while its still fresh in mind)
We are currently having to spend a great deal of money sorting out my Dads will as it was not planned well enough initially.
We are currently having to spend a great deal of money sorting out my Dads will as it was not planned well enough initially.
egomeister said:
My advice is to spend the money getting it done properly now especially if tax planning/trusts are to be involved. Also make sure those who have to deal with it will know what to do when the time comes (write down the necessary info while its still fresh in mind)
We are currently having to spend a great deal of money sorting out my Dads will as it was not planned well enough initially.
Deed of Variation?
Rude-boy said:
My advice is to spend the money getting it done properly now especially if tax planning/trusts are to be involved. Also make sure those who have to deal with it will know what to do when the time comes (write down the necessary info while its still fresh in mind)
We are currently having to spend a great deal of money sorting out my Dads will as it was not planned well enough initially.
Deed of Variation?
Yep, thats one of the things we are doing at the moment (administered by a solicitor who will also set up the trusts required) They advised making a donation to charity as the best way of justifying a deed of variation (ie, because we want to save tax is not legitimate!)
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