Talk

Flip

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Will Query

4 replies

madeyedsqueaker · 14/10/2011 19:19

I'm a regular but I've named changed in case family are reading- My DP is having an operation next week, which has come through at short notice. Its a standard othopaedic thing. We have been discussing wills as we don't currently have on (I know!). We are about to pay our mortgage off early from old endowment that my DP had years ago that has matured but this won't be sorted by the time of the op so there will be a large amount of money sloshing around in his account.

I am worried what should happen to the money and other investments, pension etc. should something happen to him. I am guessing that everything not in joint names would go automatically to our DC's but I'm worried that his family may try and make a claim as one in particular is very grasping. (we have been together nearly 20 yrs). If he were to to buy one of those will packs and get it witnessed by two friends would this be enough to provide me and the DC's with some protection until we can sort this out properly? We also have a will service in the legal part of our house insurance so perhaps we could use this for the short term? Any advice anyone could give me would be really appreciated. Many thanks

OP posts:

Report

emsyj · 14/10/2011 21:32

I wouldn't use a home kit - I have never seen a Will made with one that has been properly done, and it is a nightmare when there are errors.

If all you want is something straightforward, you could just go to a solicitor and get it done pretty much straight away. There is a poster on here (mumblechum?) who does Will writing, there is an ad in the classified section if you want to look her up. I would think you could get what you need within a couple of days easily.

I also don't recommend using a will writing service run by a bank (I'm assuming your insurance is through a bank as it is quite common for banks to offer will writing and probate services). They very often appoint themselves as executor, then charge a merry fortune for doing the estate admin. For some reason people assume that a bank will be cheaper to administer an estate than a solicitor, and they are wrong. The charges applied by one of the big name banks that has a large wills & probate department are phenomenal, and easily double or treble what a solicitor would have charged for the same work. I would steer clear on that basis, although they may be perfectly competent at drafting wills.

Report

madeyedsqueaker · 15/10/2011 07:40

Thanks so much for coming back to me. I was only going to consider the insurance option in the short term just to tide us over until after the op as time is short. I'll look at will writing services

OP posts:

Report

AmINearlyThereYet · 15/10/2011 11:04

I second what emsyj said, especially about not appointing a bank as executor. DP can appoint you as executor (that doesn't mean you would have to do all the work of administering the estate - you can employ a solicitor).

But if you don't have time to get even a simple will done professionally, and all you want to do is for DP to leave everything to you, then there is a free will here (see menu on LH side under "FREE WILL"). Witnesses should be over 18. The will packs probably have the same sort of thing, I don't know. What is vital is that you don't add anything: problems arise when people try to add explanations - eg. "knowing she will look after my children" etc. Avoid doing that at all costs. Just keep it absolutely simple.

Then please, please get it sorted out properly after the operation.

I hope the op goes well for him.