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Making a DIY will

20 replies

Appleandbanana123 · 06/01/2018 15:13

I would like to make a very simple, straightforward will leaving the little the I own to my son, and not my husband.

My property and car were both purchased before we got married and we don't own anything jointly. Savings and bank accounts are also all separate. Am I correct to think that in this case, a solicitor is not necessarily required? Anything that I should consider?

Thank you in advance Thanks

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Fekko · 06/01/2018 15:15

I worked with an online will company - the man who created it and checked the wills was a lawyer. PM me if you want his name. Fine for very straightforward ones, not so for complicated ones.

Appleandbanana123 · 06/01/2018 15:20

Fab - just done it! Smile

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k2p2k2tog · 06/01/2018 15:22

If your will is very simple, then it won't cost much for a solicitor to draw one up, get it properly witnessed and make sure it's watertight.

The risk with a DIY is that you don't dot an i or cross a t and it's declared invalid at a later date. For the sake of £150 to get a lawyer to do it, I don't think it's worth the risk.

Fekko · 06/01/2018 15:44

The company I worked with was quite good as the lawyer would check the wills before releasing them to the client. Not all do that I believe.

Appleandbanana123 · 06/01/2018 16:12

Thank you both!

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newmumwithquestions · 06/01/2018 16:14

I appreciate it’s not what you’re asking but we got ours done at a solicitors for a charity donation (of I think £150 for both my and my partners ‘mirror’ wills). There are various solicitors that do this every Autumn (October I think)

Appleandbanana123 · 06/01/2018 16:32

Hi newmum I came across that on the internet but I really want to get it done this month.

We had a really bad flight home that other day and the whole time I was horrified at the prospect of suddenly dying and not leaving things in place for my son, especially when I worked to hard to give him the very best I could and to build a little nest!

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Appleandbanana123 · 06/01/2018 16:38

*so

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ShotsFired · 06/01/2018 16:40

I have a solicitor friend who jokes (gallows humour) that his best clients are those ones who die without a Will/home made versions. Unpicking a badly drawn Will is usually significantly more costly (and emotionally painful) than the fee to draw a proper one up.

For me it was non-negotiable, just one of those costs you had to bear as part of being an adult, like council tax or car insurance.

mumblechum0 · 06/01/2018 16:43

OP, if you’re leaving everything to your son, where does that leave your husband in terms of rehousing himself? Does he have enough capital to buy somewhere to live?

I’m often asked to check peoples’ DIY wills which I’m always happy to do for nothing.

This Morgan elderly couple emailed their DIY wills in which they’d manage to completely miss out their intended gifts to one another. They also severed their joint tenancy in the mistaken belief that that avoided care home fees by itself.

So if one of them dies, the survivor has to sell the house and give half the proceeds to their adult children, along with the first person’s car, personal possessions and bank account. Luckily they asked me to check their wills and I’ll be writing the. correctly worded new ones, but it shows how easily people can screw this up.

mumblechum0 · 06/01/2018 16:44

this morning

Randomlywondering · 06/01/2018 16:49

Given your other thread on a similar topic I suggest you find a good solicitor and have a watertight will drawn up. If you really think your husband would ignore your wishes for your child then you can't leave him loopholes to manipulate.

Appleandbanana123 · 06/01/2018 16:53

mumble we are currently renting and my husband would be just fine staying put - he is on a reasonably good salary. The property is in my name only and was purchased long before we met - in case it matters, we've never lived in my house together.

My husband has been married before and he handed over the house to his ex-wife when they divorced - again, long before we met. That's his choice and I don't have a problem with it, but I want whatever little wealth I managed to build to go to my son, and not to my husband to then eventually be split between my son and my husband's four children! Also, should I pass away relatively soon, I want my son to have financial assistance with unit fees and life in general, things that I won't be able to do if I am not around.

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mumblechum0 · 06/01/2018 17:01

Ok I understand. If you are absolutely certain that your husband wouldn’t contest on the grounds that he doesn’t have reasonable provision under your will, you can go ahead but I’d always say something briefly in the will explaining the reason (so that he can’t contest on the basis that he was missed off by accident).

You also need to think carefully about your choice of executors and trustees.

Appleandbanana123 · 06/01/2018 17:55

mumble that's excellent, thank you ever so much!

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Appleandbanana123 · 10/01/2018 20:53

I got a quote of £200 plus VAT from a local solicitor with a handful of good reviews online. It seems expensive but then I live in a relatively expensive part of the country (not London or Surrey though!). Should I be shopping around? Anything in particular I should be looking out for, please? Thank you Thanks

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mumblechum0 · 11/01/2018 18:58

£200 is v reasonable for a high st solicitor, standard fee around here (Home Counties) is £275 for a single, £400 for a pair of mirrors.

Appleandbanana123 · 11/01/2018 20:34

Thank you mumble the price of peace of mind Wink sounds like I am getting a good bargain!

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Lellochip · 11/01/2018 22:18

Presume most solicitors/writers will give a set price regardless of complexity? I feel mine is pretty simple (single, no kids, want to leave everything to a sibling) and I'm pretty tight so an online will sounds v.appealing but would be worried about getting it wrong

mumblechum0 · 12/01/2018 09:19

Yes, wills are generally on a fairly standard scale. So I have a fixed fee for a single, standard will, a standard pair or mirror wills for a couple, then add on a fixed amount if they need a life interest trust/disabled child discretionary trust/severance of joint tenancy.

When I was in High St practice it was the same principle, although we were a lot stricter then about charging more if the client was faffing about with constant changes of mind/additions. I don't charge more if it takes longer, as those cases are evened out by the ones where the clients know exactly what they want and are properly prepared for the meeting so I'm in and out in 30 mins.

So the short answer to your question is yes, it should be a standard set fee!

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