DIY wills

[paddlingwhenIshouldbeworking]

One of DH's elderly relatives (in his mid 80s) has asked my advice on whether he should use a DIY will kit from Smiths or similar. I've done a bit of research and there seem to be dire warnings but all scenarios seem to include some complication.

He is a widower with two children in their 50s and wants his house and investments to be sold and split equally between the two children. The estate is likely worth around £300,000. That's it.

There are no valuable items or personal possessions to be allocated. This was all done when his wife died 10 years ago and he sold the family home and downsized. He doesn't want to leave any specific amounts or include grandchildren. Neither him (or his wife) ever had a will so this is his first. Both his children live overseas if that's relevant.

Does anyone know what the pitfalls maybe?

Well it sounds like no worries tax-wise.

What are the children’s circumstances? Any financial difficulties, marital problems etc?

No both successful, totally independent, their families are grown and they all own their homes etc.

You say he doesn't want to include grandchildren but is he going to state that should one of his children die before he does then their share goes to their children, his grandchildren, or would it all go to his surviving child.

Ah good point. No idea what he'd want to do. This is the kind of thing I need to point out to him.

I think the crux of it is he is now old and tired and really doesn't want to see a solicitor.

He will also need to decide who he wants the executors to be and if they are happy to do that, where he will store his Will and who he will ask to witness it, does he need to find a Notary. If he is getting tired of sorting things out would it be worth you dh applying for power of attorney.

Yes DH could help in a more formal capacity. He's been asked to be an executor. POA is another thing to investigate. His 'children' are very good and jointly pay for a cleaner/housekeeper so their Dad is well looked after physically but not sure they are on hand enough to do the power of attorney thing or not. Both are a very long flight away. Is POA best done through a solicitor too?

Thank you for the replies

No you don't need a solicitor for po.a. Look up the office of the public fuardian, they will send you everything you need, there's one for finances and one for health and welfare. They could be people to be informed of decisions if they don't think they can do much if they live overseas.

I think POAs are a very good idea, they cost a few pounds, but the alternative, the Court of Protection, costs a huge amount more and requires annual accounts.

I’d recommend talking to an expert, I used the Mumsnet favourite Mumblechum (Marlow Wills), she can work via Skype and is very professional, and very reasonably priced...

Aha Skype could work, then he could sit with DH and be comfortable in his own home. I will investigate that too, thank you!

In all honesty, powers of attorney sound like more of a priority. His Will would be very simple (and in fact an intestacy wouldn’t be a problem given his wishes).

LPAs are a great idea. Skype would work, or they can be done personally if you have time, or solicitors will come to him anyway. I see tons of older people at home. I mean granted I’m more in it for the cake and coffee...

Not my area of law but just to add that if he does do his own will, make sure that the witnesses he gets are people who are not due to inherit anything. You cannot have people who are due to inherit being the witnesses, as otherwise the gifts to them fail. I imagine if you get a will kit it would explain this but you do get people being caught out every so often.