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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think I can write my will at home?

12 replies

LibrettoCornetto · 22/03/2020 14:30

Just a signed note, with my wishes? Saved at home.
Or does it have to be saved with a solicitor?

OP posts:
AnotherEmma · 22/03/2020 14:32

www.moneysavingexpert.com/family/free-cheap-wills/

user1471592953 · 22/03/2020 14:35

There are very strict rules that apply to making a will in terms of witness requirements, etc., so I definitely wouldn’t recommend doing it at home for that reason alone BUT in addition unless you have a very, very simple estate it is quite likely that you will need some tax advice which a solicitor can provide. (I’m a solicitor who asked a specialist solicitor to help with my will for both reasons above.)

PhilipJennings · 22/03/2020 14:35

It doesn't have to be saved with a solicitor but you should let your loved ones know where it will be stored in the event of your death, and keep a folder handy with eg bank/mortgage/pension details, birth and marriage certs. Helps if you have one of your children's in there too if they are adults - they'll often need it to act as personal representative while the Will is going through probate.

And for witnesses you will need two signatures, neither of whom can be beneficiaries, remember.

Lizziesbusy · 22/03/2020 14:47

It won’t be legally binding.

Believe me. My daughters name was left in a scribbled note attached to a legally enforceable Last Will And Testament of an uncle.

As she wasn’t named in the official document and the note wasn’t witnessed, dated or signed, it wasn’t allowed. The solicitor asked all beneficiaries if they’d consider honouring his wishes - they didn’t.

You can get packs from stationary stores like WH smiths or online or solicitors do Free Will weeks where you make a voluntary financial contribution to a charity.

Wills don’t have to be stored at the solicitors office as they charge storage. Ours is kept in a fireproof safe in our home along with other vital documents. Family members know the access code.

Zilla1 · 22/03/2020 15:00

It depends which jurisdiction you are in, OP. If in England and Wales then it needs certain elements, including independent witnesses signing at the same time you did. If you are not skilled in writing wills or have one to draw on that reflects exactly the same circumstances as yours (and the expertise to judge this is the case) then you will probably complicate things and not achieve what you want. If you are worried, please research what happens under intestacy in your personal circumstances (whether married, if parents or children or siblings still live) in your jurisdiction if you've never made a will and first of all see if that is what you would want. If so, that might set your mind at rest until you can see a solicitor. Good luck.

help1653 · 22/03/2020 15:01

It is possible to write a key binding will yourself but you are very likely to get it wrong. Who would inherit from your estate if you died intestate? Would they respect your wishes and would your plan deprive them of a lot/ all of any inheritance? A statement of your wishes would be enough if that person was motivated to carry them out even though they wouldnt be legally binding.

Zilla1 · 22/03/2020 15:03

I understand many jurisidictions do not accept unwitnessed (holographic) wills. Wikipedia isn't a great reference but - en.wikipedia.org/wiki/Holographic_will

Figmentofmyimagination · 22/03/2020 15:17

I wrote mine yesterday and took it to two friends who witnessed it for me. I practised as a solicitor for a few years, although never as a probate solicitor so I had a bit of experience. I couldn't find my old will so I wrote another just in case.

You can do this if your estate is very straightforward and your wishes are very simple and non-controversial and if it is very unlikely that anyone is going to challenge your will in practice.

There is some useful advice setting out the key steps on the gov.uk website:

www.gov.uk/make-will/writing-your-will

Just as important as saying who is to get your property when you die is appointing your executor. I appointed my husband and each of my two children, jointly and separately, so that they can act independently of each other if need be.

There are two really important reasons to sort this:

  • even if you are married, the intestacy rules are complicated and out of date. In particular, they do not mean that everything goes to your husband/wife (and if you are not married, the situation is even more complicated).

www.gov.uk/inherits-someone-dies-without-will

  • if you appoint an executor, e.g. your husband, there may be scope for him to access your bank account while he is waiting for the grant of probate - and in general terms, it just makes life far easier for him.

Your will must be witnessed by two people who will not benefit from your will. If you print it off, the three of you can arrange to go and sign it on a park bench!

Strange times!

Figmentofmyimagination · 22/03/2020 15:20

I had to sort it because our house is in my sole name, meaning that if I die, it goes into my estate.

lidoshuffle · 22/03/2020 15:25

When I commented to my solicitor that I thought the costs of doing my will were remarkably reasonable, he laughed and said they make their money from sorting out the messes people make when they try to do it themselves.

OP, often solicitors will do them for free for a small in-will bequest to a charity. It's certainly worth it for peace of mind; even simple ones aren't that simple and are open to intrpretation once you've gone.

BettyIsMyFavouriteSquirrel · 22/03/2020 15:33

You need to have your signature witnessed by two people who are not beneficiaries and are not married to any beneficiaries, there is also statutory wording you need to use to revoke any previous wills and at the end to say the witnesses signed after you and you signed in their presence.

Home made wills can cause a lot of problems, especially if you’re leaving someone out or if there is someone who is likely to kick up a fuss about it. If it’s just “I leave everything to my spouse” then it’s not likely to cause any problems.

I’d give the original to the executor because if you just keep it in your house they may not know to look for it and it could get missed or destroyed by someone who has an interest in it nor being proven.

FYI some solicitors charge extra to deal with home made wills because they usually are not written very well and cause extra work, so if yours just follows the rules of intestacy then just leave it.

TheLette · 22/03/2020 17:14

I wrote mine. I am a solicitor but not a specialist in the area of wills. I'm confident that mine is fine. Perhaps use a kit to help you write it - legal writing is a bit of an art, and not something that the average person can do. Also don't make it super complicated - just very clearly state who you want to give what to, for example "I give all my jewelry to my daughter Emma". Keep emotions out of it and don't say why you are giving certain items to certain people or what you want them to do with those items / money - you can always write a separate letter to explain that stuff if you are giving things away for particular sentimental reasons.

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