Wills (not Harry’s brother)

[Petrus1983]

I need to draw up a will - I’ve started with a few online ones but haven’t completed it. I’m now concerned an online one wouldn’t cut it and I should do it more officially - or is that a waste of money? Any loopholes I should be concerned about as I don’t want to leave a nuisance behind. I’d consider myself a fairly simple case.

[Flooble]

It needs to be witnessed (and not by a beneficiary or executor) so have you got that bit sorted? If it's tricky to get a DIY one witnessed, that's where using a regular solicitor may come in handy.

[Petrus1983]

Flooble said:

It needs to be witnessed (and not by a beneficiary or executor) so have you got that bit sorted? If it's tricky to get a DIY one witnessed, that's where using a regular solicitor may come in handy.

Thanks for this. I’m glad I posted now as totally forgot the being witnessed part! Can anyone be a witness?

[oscmax]

Petrus1983 said:

Thanks for this. I’m glad I posted now as totally forgot the being witnessed part! Can anyone be a witness?

So long as not a beneficiary, their spouses or blind, anyone IIRC.

Worth paying someone to do it properly for you - a simple will is not expensive and making a mistake can be really problematic for those trying to sort it out, at a time when that is the last thing they need/want to be doing.

[samdy]

Problems with wills only get found when you're dead i.e. when it's too late to change it.

For the relatively small cost of a will writer/solicitor, get a professional to write it. Then if it goes wrong, their indemnity insurance carries the can.

[Vasco]

Flooble said:

It needs to be witnessed (and not by a beneficiary or executor) so have you got that bit sorted? If it's tricky to get a DIY one witnessed, that's where using a regular solicitor may come in handy.

No idea why it's tricky to get a witness - has nobody got a friend, neighbour, work colleague ?

[Simpo Two]

At least find a template so you don't forget important bits like witnesses, and certain ways of phrasing things.

[Vasco]

Simpo Two said:

At least find a template so you don't forget important bits like witnesses, and certain ways of phrasing things.

Online Wills have insructions as to what needs to be done.

[RichardAP]

I’m pretty sure it needs two witnesses who must both witness you sign it at the same time. My MiL didn’t do this properly, the will got challenged and as a result she died intestate and her partner lost out to some of the children.


I’m just looking at updating ours as IHT planning and a blended family may lead to complications so we are talking to a wills specialist. Seems quite comprehensive, although not cheap.

Edited by RichardAP on Monday 31st January 19:31

[Petrus1983]

Thanks for the replies. For me I think it shows I need to do it professionally and will see someone in my hometown.

[Simpo Two]

RichardAP said:

I’m pretty sure it needs two witnesses who must both witness you sign it at the same time.

I guess that would be the 'Signed in the presence of...' bit (see 'template' above). But once the signatures are there, there's no way of knowing if it was or not.

My affairs are easy, I just leave the whole lot to the cat. But others may need more complexity...

[Petrus1983]

Simpo Two said:

I guess that would be the 'Signed in the presence of...' bit. But once the signatures are there, there's no way of knowing if it was or not.

My affairs are easy, I just leave the whole lot to the cat. But others may need more complexity...

I don’t have a cat - so intend to leave it all to my brother who’ll appropriately look after things for my son. But I don’t want to leave it to him (my son) directly.

[RichardAP]

Simpo Two said:

I guess that would be the 'Signed in the presence of...' bit. But once the signatures are there, there's no way of knowing if it was or not.
.

Unless someone later questioned one of the witnesses, who then admitted they weren’t all together at the same time.

[AndyAudi]

Petrus1983 said:

I don’t have a cat - so intend to leave it all to my brother who’ll appropriately look after things for my son. But I don’t want to leave it to him (my son) directly.

I don’t think that sounds so simple, what happens if your brother dies the week after you & nobody wants to look after your son.

It’s not expensive to seek legal advice & get a will done with your intentions clearly documented.

[PistonHead007]

Wills are loss leaders for solicitors, you're getting a bargain. It's very easy to cock a will up and simply isn't worth trying to do it yourself if you haven't got the requisite knowledge.

[The Leaper]

I've been an executor seven times. I've only agreed if the Will is professionally prepared by a solicitor. Never had any problems with fulfilling the responsibility.

R.

[RichardAP]

AndyAudi said:

Petrus1983 said:

I don’t have a cat - so intend to leave it all to my brother who’ll appropriately look after things for my son. But I don’t want to leave it to him (my son) directly.

I don’t think that sounds so simple, what happens if your brother dies the week after you & nobody wants to look after your son.

It’s not expensive to seek legal advice & get a will done with your intentions clearly documented.

You do need to take good advice. For example if you leave it to your brother and he gets divorced then she can take half. If he passed away it would follow his will. Sounds like you should put it in trust for your son.

[Petrus1983]

Thanks all - forgot that my brother could die or get divorced! I will be seeking professional advice but just to let you know my thought process re leaving it to my brother was that he could use the money for flights, school fees, “as and when appropriate” costs before the age my son could sensibly use or know what to do with the money.

[Petrus1983]

Vasco said:

No idea why it's tricky to get a witness - has nobody got a friend, neighbour, work colleague ?

Me

[aspender]

Petrus1983 said:

Thanks all - forgot that my brother could die or get divorced! I will be seeking professional advice but just to let you know my thought process re leaving it to my brother was that he could use the money for flights, school fees, “as and when appropriate” costs before the age my son could sensibly use or know what to do with the money.

But it then becomes part of your brothers estate when he dies, which may or may not be problematic from an IHT perspective, and what control do you have over how *his* will determines where the money goes next?

Seek professional advice.