Discussion
Conversing with Mrs geeks last night about her 83 year old mum. She has a small bit of cash squirrelled away and a few personal items she would like to dish out to the children when she goes and was asking about a will (she currently does not have one). As it is all very low value and she wants everything split among the kids evenly it seems pretty straightforward to get her wishes on paper and ready.
Would a DIY Will kit be acceptable? I/we have never had to do something like this.
Would a DIY Will kit be acceptable? I/we have never had to do something like this.
Just a thought, if the gifts are within the PET limit, maybe gift them to the kids now / over Xmas for that personal touch? The kids will remember Nan's special Xmas present, and Nan gets to see the kids excitement when they received the gift. Or maybe I am a sentimental old fool 
For larger assets e.g. House, then agree a Will is the way forward.
For larger assets e.g. House, then agree a Will is the way forward.
It is all under the IHT limit (low 5 figures) she is keeping it for now as she might need it down the road if she needs any care etc. It's to be split among her kids who are all grown ups etc. It's just to try and stop any faff after she has gone is all, by the time she goes there will probably be nothing left but she is of an age where this could happen without warning and there is something left.
I am not a legal expert but have seen a number of wills over the years and in my opinion those drawn up by solicitors or will writers are often over complicated.
In a simple case there is no reason why you can't write your own will, or your mother in law write her own. There is plenty of help online or even 'do you own will' kits for £20 or even cheaper if they still sell them in the Post Office. As long as it is signed and witnessed correctly it should be perfectly valid and will mean that she can make sure specific gifts will go exactly where she wants, they probably won't if she doesn't make a will.
In a simple case there is no reason why you can't write your own will, or your mother in law write her own. There is plenty of help online or even 'do you own will' kits for £20 or even cheaper if they still sell them in the Post Office. As long as it is signed and witnessed correctly it should be perfectly valid and will mean that she can make sure specific gifts will go exactly where she wants, they probably won't if she doesn't make a will.
Enut said:
I am not a legal expert but have seen a number of wills over the years and in my opinion those drawn up by solicitors or will writers are often over complicated.
If you’re not a legal expert, on what do you base your opinion that the wills you have seen are over complicated?anonymous said:
[redacted]
My sister, bless her, put post it notes on all the glass ornaments our Gran had allegedly promised her. This whilst my nan was still alive following a massive stroke, and being looked after in a nursing home. I'm sure my nan probably did tell my sister she could have them when she died. But I adopted a "prove it" attitude, because she didn't wait.
I'm not sure how good DIY wills are.
My mother has a DIY will from WH Smiths, and she refuses to pay for a solicitor to do one for her, despite having quite a reasonable sized estate. She just assumes that everything will go to her children, so doesn't see it as necessary.
Years ago when my father as alive they both went to great lengths to organise her elderly parents financial affairs, to negate complications, but fast forward a few years and she's convinced a DIY will from WH Smiths will do the job. Maybe it will?
I've tried to discuss it with her but it ends up with us nearly arguing about it, so I have to back off. I've given up now as it makes me feel selfish, as if Im only interested in being a beneficiary. But the facts are that she (and my late father) simply want the estate to pass to myself, my brother and my sister. She assumes this will happen automatically, even without her DIY will.
My mother has a DIY will from WH Smiths, and she refuses to pay for a solicitor to do one for her, despite having quite a reasonable sized estate. She just assumes that everything will go to her children, so doesn't see it as necessary.
Years ago when my father as alive they both went to great lengths to organise her elderly parents financial affairs, to negate complications, but fast forward a few years and she's convinced a DIY will from WH Smiths will do the job. Maybe it will?
I've tried to discuss it with her but it ends up with us nearly arguing about it, so I have to back off. I've given up now as it makes me feel selfish, as if Im only interested in being a beneficiary. But the facts are that she (and my late father) simply want the estate to pass to myself, my brother and my sister. She assumes this will happen automatically, even without her DIY will.
Edited by LeadFarmer on Friday 11th December 09:41
LeadFarmer said:
But the facts are that she (and my late father) simply want the estate to pass to myself, my brother and my sister. She assumes this will happen automatically, even without her DIY will.
All well and good until some long lost sibling comes out of the woodwork...Edited by LeadFarmer on Friday 11th December 09:41
The law surrounding wills is very complex and personally, I want a professional to draft a will for me.
When I had mine done, my solicitor asked questions that I had never considered which, if the questions had not been asked, would have affected how I wanted things doing.
If there is any ambiguity, it's not as though you can ask the dead person to clarify their wishes.
The cost of doing mine and Mrs Cupcakes together was around £200. Not worth skimping on in my opinion.
When I had mine done, my solicitor asked questions that I had never considered which, if the questions had not been asked, would have affected how I wanted things doing.
If there is any ambiguity, it's not as though you can ask the dead person to clarify their wishes.
The cost of doing mine and Mrs Cupcakes together was around £200. Not worth skimping on in my opinion.
Enut said:
I am not a legal expert but have seen a number of wills over the years and in my opinion those drawn up by solicitors or will writers are often over complicated.
In a simple case there is no reason why you can't write your own will, or your mother in law write her own. There is plenty of help online or even 'do you own will' kits for £20 or even cheaper if they still sell them in the Post Office. As long as it is signed and witnessed correctly it should be perfectly valid and will mean that she can make sure specific gifts will go exactly where she wants, they probably won't if she doesn't make a will.
Very true. Solicitors do have a habit of over-complicating even simple wills. As long as you haven't got complications like foreign assets, partnership in a business, disputes with family members etc it should be straightforward. Just ensure the witnesses are not beneficiaries.In a simple case there is no reason why you can't write your own will, or your mother in law write her own. There is plenty of help online or even 'do you own will' kits for £20 or even cheaper if they still sell them in the Post Office. As long as it is signed and witnessed correctly it should be perfectly valid and will mean that she can make sure specific gifts will go exactly where she wants, they probably won't if she doesn't make a will.
They reckon that lawyers make far more money contesting DIY wills, than they make from writing simple wills. Where there is a will; there is a relative. 🙂
Having said that, my dad was in a similar position and his DIY was fine. None of us were anxious, or needed, a payout from his estate.
Having said that, my dad was in a similar position and his DIY was fine. None of us were anxious, or needed, a payout from his estate.
We've just done both our wills as we wanted to make sure they were correct. They're replacing the ones we created using one of those will kits.
Solicitor drafted and we got them done under WillAid in November.
£180 for both our wills which for me at least is peace of mind it's been worded correctly and is not open to contest. It certainly reads better than the DIY one.
Solicitor drafted and we got them done under WillAid in November.
£180 for both our wills which for me at least is peace of mind it's been worded correctly and is not open to contest. It certainly reads better than the DIY one.
Gassing Station | Finance | Top of Page | What's New | My Stuff