Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.
Making a will(26 Posts)
I may be preaching to the converted here and you may all be very savvy, but based on current personal experience of a family member it seems like dying intestate is pretty expensive and delays the estate being sorted. The solicitors also get more money out of sorting the estate. It seems even when it's obvious who the NOK is there's a process has to be gone through. Just thought I'd put it out there as with joined up families etc best not to have any unpleasant suprises!!
Sorry - that was like a public announcement - not sure what's come over me today - a bit demob happy
I agree with you that everyone should write a will, even if they haven’t got much just to make their wishes clear, however dying intestate shouldn’t delay dealing with the estate or make it much more complex unless the next of kin are missing and you have to trace them or there is no clear next of kin and you have to start looking for 2nd cousins etc.
Perhaps your solicitors are making it look more complex than it really is so they can justify their fee?
As your preaching what's the easiest for those without a will to sort out a will, ie. not just engage a solicitor and pay them a fortune as I think this puts people off
Any websites? DIY options?
Lots of charities have will weeks- where solicitors will write you a free/cheap will as long as you leave something to the charity.
You can get a book out of the library to guide you in a diy will- or a form from WH Smith and just fill it in. But if you have an estate that is AT ALL complicated (eg- step families...) you are best off getting advice!
@northernlites you can buy a DIY will form from places like WH Smith which are fine if it’s a case of “I leave everything to x” however if it is in anyway more complicated than that then I’d get a solicitor to do it for you, it might cost anything from £99 upwards but it can save thousands in the long run.
I've had one written by a solicitor in the last two months, taking into account the hypothetical grandchildren and what I want to happen if my son dies before me. It cost £120 (Midlands) which I thought was not unreasonable for two meetings and a draft.
I have dealt with the estates of three people who died without a will and can't say that the process would have been any faster if there had been a will because the next of kin was willing to act. I suppose if everyone is taking one step backwards then it might take longer.
@northernlites - There's a MNer called Mumblechum who runs an outfit called Marlow Wills. I used her following warm recommendations on here, and found her to be helpful, efficient and not too expensive. All communication was done by email, although I think she does phone calls too, and there was absolutely no pressure for payment until I was 100% happy with her draft. She really knows her stuff.
I wouldn’t leave anything to charity in a will as they can be quite ruthless in wanting to get all their share of the money and can make it difficult when the property and personal possessions are sorted out, demanding everything is sold for the highest price. So I would give the charities wills week a miss myself
I've dealt with an estate with a very poorly written diy will, which included a very substantial legacy to a charity, and they were patient and helpful through the slow and not uncomplicated process. So I wouldn't write off charitable legacies in one fell swoop...
Does anyone know if a will that's drawn up in UK is transferable to NZ?
Will Aid is a charity will writing scheme that runs in November each year. You pick a solicitor local to you from their website and make a donation (they're suggesting £95 this year) The solicitor will write up your will for you and the donation is given to charity.
I did it a few years ago and would recommend it. I used my local High Street solicitor that I would have used anyway and the money I paid went to a good cause.The website is here:- www.willaid.org.uk
So with the Will Aid you don’t have to actually give to a charity in the will, it is a separate donation which is nothing to do with the will as that would be ok
This is from the WillAID website:-
How do I make my donation?
You can either give your solicitor a cheque made out to Will Aid (they will forward it to us) or you can donate safely online by credit or debit card by clicking here.
Why is the suggested donation £95 or £150?
The donation is voluntary and at your discretion. Solicitors participate in the scheme to raise the maximum possible funds for the Will Aid charities. Instead of charging their normal fee for drawing up a basic Will they are asking that you consider donating an equivalent sum to Will Aid. The suggested donation amounts are £95 for a single basic Will or £150 for a pair of basic matching or mirror Wills. While solicitors’ fees vary round the country, most would charge considerably more than the suggested donation level.
Thanks for the will aid link. I have signed up to be notified when they start registering this year. I need to sort a will leaving everything to my sister, but specifying that when the house is sold, what's left of the mortgage will be paid to the bank & the rest going to my sis. Not sure how complicated that's going to be!
PinkBuffalo, I'm not a lawyer, but I wouldn't think that needs to be specified in a will. The mortgage debt will have to be paid off from your estate along with any other debts, surely? Still a good idea to have a will, though. It should cover every possible eventuality, so should state what you want to happen to your estate if your sister predeceases you. I believe if you make a will that doesn't spell that out the will would be invalid if it couldn't be acted on, and then the intestacy rules would be used. That might be fine, but it's as well to know, as not everybody would want their money to pass to more distant relatives.
I agree with D0do, it goes without saying that the bank will collect what’s owing on the mortgage and only the equity will pass under the will, so you don’t need to mention it at all. You just need to specify that your entire estate goes to your sister, and also say what you want to happen if she doesn’t survive you (or if you’re both killed in the same car crash but she lingers on for half an hour more).
I am, if you make a will leaving everything to s done and then you both have a car crash but they live longer than you, the will still stands. You can't put in your will that if those circumstances happen the money goes elsewhere. You can only put in that if they die before you, eirnshare will go to XY or Z.
If you’re over 55: www.ageuk.org.uk/get-involved/donate/leave-legacy/free-wills-month/
Everyone else: willaid.org.uk
You absolutely can specify that, it’s called a survivorship clause and it’s perfectly standard to leave bequests to people on condition that they survive you for thirty days (or other similar period). Otherwise tax and admin would be a nightmare if a married couple died in the same accident.
Thanks D0do I did suspect that, but want to make sure. (Hence why I need to do the will via a professional I guess)
Me and my sister are only very early 30s, and I am much more likely to be gone before her ( don't want to go into the details) but I don't have anyone else to leave to.
I just want to make sure she will be ok... We've been through so much, but she now has her own little family to prioritise. I've already sorted my pension death in service so she gets the majority of those benefits. Just need to sort out the rest. Luckily the house will always be worth than what I've got left on the mortgage, so shouldn't cause too many issues.
Sorry for hi hacking thread OP!
You are right, my mother died intestate and took years to sort out
Join the discussion
Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.Register now »
Already registered? Log in with:
Please login first.