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Getting a will versus dying intestate?

13 replies

jmjim · 17/06/2012 10:39

I suspect it's probably better to get a will but I did wonder is there any point in making a will if i'm happy how my money would be distributed according to intestacy laws? I know how it would go and I'm quite happy with that (and I'm not married and I don't have children).

I've never had to deal with anybody's estate, but are there more or less fees for whoever receives the money if i die if there's a will or things are left intestate? I'm not sure how this works?

It seems relatively cheap to make a will. How do I go about choosing a solicitor? There's maybe 50 local ones in the yellow pages/ I would assume the will packs they sell in whsmiths are not such a great idea but I think even 'Which' do wills online now...

If the cost of having a will written is much cheaper than the extra fees involved for whoever deals with my estate if I die without one, of course I'll get one written - but I've never had to deal with this thing before, so I just wondered if anybody knew better about the whole thing...

Thank you...

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MOSagain · 17/06/2012 11:26

I'd highly recommend making a will and would recommend MNets resident wills expert Mumblechum she has an advert in small businesses and many MNers have used her services and been very happy.

You really should make a will, it will make life a lot simpler for those you leave behind.

jmjim · 17/06/2012 12:16

Thanks. I just wondered if people had dealt with people who had died with wills and intestate and what the difference was for them...

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mumblechum1 · 17/06/2012 14:25

OP, the difference is that if there's a will it's easy and quick to obtain a Grant of Probate. Without a will, it takes longer and there's considerably more administration. For one thing, without a will, there is no executor, so no one automatically has the power to obtain probate.

Also, without a will, who's to know what you'd like in terms of a funeral, or whether you'd like to leave a special piece of jewellery to a particular friend, or a gift to a charity.

Thanks to MOS for the plug for my own will writing business, for which there's the paid for advert over on Classifieds, but whether you use my firm or someone else, if you make a will you are essentially taking some of the stress and upset from your bereaved relatives, so you're not doing it for yourself but for them.

WizardofOs · 17/06/2012 14:34

Both my parents died without wills. My mum died first and then my dad 5 years later. We only then discovered he had not sorted private for my mum so we we had do sort out probate for both of them at once. It took months and cost a great deal of money. Luckily it was a 50/50 split of everything and no disagreements otherwise it would have been much worse. So I would say make a will and save those left behind a great deal of bother and money.

jmjim · 17/06/2012 14:54

Thanks. This is very helpful. If there would be loads of bills going out for those left behind if I don't leave a will... I'll get one sorted soonish. It seems you can get a will drawn up for under £200. I don't know what the costs of the bills would be for those left behind if I don't get one written.

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MOSagain · 17/06/2012 15:11

High Street firms of Solicitors will normally charge 200 plus. Marlow wills (see small business add above is much cheaper)

I am a lawyer (not wills and probate) and even though my parents had wills it was still very hard dealing with their estate when they died. I can't imagine how much more stressful it would have been if they'd not had wills.

jmjim · 17/06/2012 15:38

Thanks MOSagain... I'm on a bit steep learning curve with all this at the moment... I was still interested what happens if I die without (which I suppose if I get hit by a bus in the morning could still happen) and how much more it costs in bills than if I do get one written (which I strongly sense from what people have said is the best course of action).

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jmjim · 17/06/2012 15:38

Curiosity as much as anything.

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mumblechum1 · 17/06/2012 16:08

Not sure what you mean in your penultimate post; do you mean the expenses associated with sorting out your estate if you are intestate? If so, that would of course depend on how straightforward your affairs are.

My standard charge is £100 for a single will, no VAT. In my High Street Practice I charge £200 plus VAT, so £240 altogether. You may be given cheaper or more expensive quotes, but that's pretty typical imo.

jmjim · 17/06/2012 16:32

"do you mean the expenses associated with sorting out your estate if you are intestate? If so, that would of course depend on how straightforward your affairs are." Of course (I understand this). But I was trying to find out the relative difference if I died with a will. Are there masses more pieces of paper associated with dealing with somebody who has died intestate (and more money to pay out)? Sorry for my ignorance on all this.

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WizardofOs · 17/06/2012 19:33

My parent's estate was complicated - it was effectively a case of sorting out two estates at the same time. It cost thousands rather than hundreds to sort out and took well over a year to finalise.

jmjim · 17/06/2012 20:24

well i guess a simple equation if dealing with intestate estate costs at least 200 pounds more than one will a will... then that would be the answer...

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