[Help] Will writing advice

[DavidinSouthampton]

My friends old mum sat there quietly as my mate explained to her how her property and her 20k in the bank was to be distributed…….. She said she was happy with most of the arrangements but she’d need some cash to live on. (True story)

I’m currently executor for my uncle’s will, which is a bit more complicated. He was 90, hos wife died about 3 years ago, and her will had never been sorted. Also they had been advised by a will-writer to put the house in trust. A friend of ours who was a high level tax adviser until she retired said this was a waste of time. The solicitor we took on to sort it all out as soon as she read it said “this is a waste of paper. if it was to avoid tax, the HMRC would see right through it And ignore it”.
she said that will-writers are a waste of time (she would say that, wouldn’t she!), but also made the point that will-writers are unregulated. If they mess it up, you have no comeback. Solicitors are regulated. If they mess it up, they‘re in trouble.
And a solicitor who knows what they’re doing could actually end up saving you money.

 

[METALMICKY]

I’m currently executor for my uncle’s will, which is a bit more complicated. He was 90, hos wife died about 3 years ago, and her will had never been sorted. Also they had been advised by a will-writer to put the house in trust. A friend of ours who was a high level tax adviser until she retired said this was a waste of time. The solicitor we took on to sort it all out as soon as she read it said “this is a waste of paper. if it was to avoid tax, the HMRC would see right through it And ignore it”.
she said that will-writers are a waste of time (she would say that, wouldn’t she!), but also made the point that will-writers are unregulated. If they mess it up, you have no comeback. Solicitors are regulated. If they mess it up, they‘re in trouble.
And a solicitor who knows what they’re doing could actually end up saving you money.

Very much this. It amazes me that people are so keen to skimp on something so potentially critical. Even with what you may perceive to be a fairly simple personal set up a good solicitor will ensure all bases and scenarios are covered no matter how unlikely it may seem they may arise.

 

[thedonkeycentrehalf]

We did ours a few years ago when they run a charity will week or month for St Barnabas & Chestnut Tree House. You pay the usual solicitors fees but they are donated to the charity instead of going to the solicitors so you get a proper will service but also help charity. I think this is usually in October but might be wrong.

 

[dstanman]

Need to sort ours out, complicated by previous marriage kids and property, so will need to be done by solicitor to ensure our wishes are met. Appreciate any recommendations for solicitors in Brighton & Hove who deal in wills with property and tax implications. Know what we want to happen.

 

[Si Gull]

Tbh, I'm finding all this a veritable minefield, despite wanting a simple mirror Will. Much as I'm loathe to pay several hundreds to a solicitor, I'm wary of all these online/telephone/home visit 'offers'.
I feel it should be far easier (and cheaper) than this, for such an uncomplicated Will.
(Our flat/mortgage is in joint names so surely that automatically means it passes to the other - even though we are not married...no?)

Same here, though we're married. No kids, no complicated investments, couldn't be simpler...local solicitors wanted over £800

 

[amexer]

From my experience a straight forward will easy ie Married couple each passing all to remaining spouse. On death of remaining estate split equally between children.

 

[birthofanorange]

From my experience a straight forward will easy ie Married couple each passing all to remaining spouse. On death of remaining estate split equally between children.

Yes, but we are not married, although living together for over 20 years, as stated earlier.

 

[Cheshire Cat]

I think that if you are not married, without a will your partner has no rights to any inheritance as legally you are not "connected", regardless of the time spent living together. Your property would go to your nearest blood relatives.

DISCLAIMER - I am not a solicitor and the above might be complete bollocks.

 

[PILTDOWN MAN]

Unmarried, but been living together for over 20 years.

My first post is honestly all you need. Your will is fully checked prior to you downloading it. Dont go filling the pockets of others

 

[Shropshire Seagull]

There seems to be a hell of a lot of online Will writing services - are they any good/legally recognised?
The fees seems to range from 'free' (with an optional charitable donation) to around £59, which seems ridiculously cheap when compared to the price a solicitor charges.
We (myself and o/h) are looking for a simple mirror/joint Will. There are no complications, no children etc. involved, just a simple wish to leave everything to each other, should either one of us pass away.
May I ask the helpful folk of NSC for some advice? Thank you.

One of you dying first and leaving everything to your spose is fine and simple - but what if you both die in a single accident?
The law assumes, if not possible to ascertain with certainty, that the husband died before the wife - so his will will pass over everything to the wife.

If her will makes no mention of what to do if her husband pre-deceases her, then there is every chance that your combined estate will not pass on as you would wish.

Just imagine, both husband & wife have 1 [or more siblings], hubby dies, wife gets all his [and half shared] assets, then wife dies. Hubby siblings get nowt, wife sibling get to share everything. Probably not what you would have wanted?

Even if you pass it all to charity, or the local cricket club, or equal share between all surviving siblings, please consider stipulating the grim double-death scenario in your will.

 

[Shropshire Seagull]

I would use a solicitor and have a trust of which you and wife, plus whomever gets it if you both cark it, as trustees.

Consider this, one of you dies first and the other lives in your house. The surviving partner then needs long term care. Social Services will force you to sell the house and use the money to pay for your care until theres about £19k left.
The alternative is that when one of you dies, the property goes into a trust with the surviving partner and thier beneficiaries as trustees. If the house has to be sold to pay for the surviving partner's care, half of the money goes to the beneficiaries.
In order to do this the house ownership has to change from "joint owners" to "owners in common" (or vice versa).

Half true, yes, if you have assets over £22.3k you pay for all your own care. Between £22.3k until your assets reduce to £11.3k it's on a taper. Below £11.3k you pay nothing.

Both my parents are alive, but mum [90] is in a nursing home - the council have confirmed they will not enforce any sale of the house as dad [96] still lives there, even though he is in joint ownership with mum - value of half the house is not taken into consideration in mum's assets for care affordability purposes.

Now, if dad dies before mum, dad's will places his half in trust to me and my 2 siblings - we will then sell the house, so mum's half then becomes liable for her care calculations.

At least, I think that's how it works ....

 

[dazzer6666]

Need to sort ours out, complicated by previous marriage kids and property, so will need to be done by solicitor to ensure our wishes are met. Appreciate any recommendations for solicitors in Brighton & Hove who deal in wills with property and tax implications. Know what we want to happen.

Britton and Time are excellent - recently redid ours with them, and also POAs at the same time. This may also be of interest - https://www.chf.org.uk/gifts-in-wills.html

 

[dazzer6666]

From my experience a straight forward will easy ie Married couple each passing all to remaining spouse. On death of remaining estate split equally between children.

….until the surviving spouse remarries, and leaves everything to the new partner.

 

[Westdene Seagull]

Britton and Time are excellent - recently redid ours with them, and also POAs at the same time. This may also be of interest - https://www.chf.org.uk/gifts-in-wills.html

This. They were great for our slightly complicated wills and we did it through The Dogs Trust so were free with a £1k donation at each of our deaths. You get a will drawn up by a proper solicitor and an electronic copy. They even store a copy for free.

 

[amexer]

Yes, but we are not married, although living together for over 20 years, as state

Yes, but we are not married, although living together for over 20 years, as stated earlier.

If living together for a long time you will need advice even if it is reading up about this situation