Relative is dying and there's no will

[Concernedaboutgranny]

My gran is dying of cancer and she hasn't got a will. She doesn't really have anything, she is just very keen that one of her dcs doesnt inherit anything of whatever she does leave. She's still of sound mind but she's bedbound, how quickly can a will be done? Are we too late to sort it?

I think you can still get one done if you contact a solicitor on tuesday it could be sorted by thursday. Might have to get a doctor to agree she is still of sound mind though

I doubt that it is too late. Contact a solicitor for advice. They can come to the house.

If all are happy that she is of sound mind then they can proceed to write a will.

You don’t need a solicitor to make a will. Any piece of paper will do - as long as it’s witnessed, signed and dated. You can look it up online.

Thank you I'll speak to her over the weekend and try and get a solicitor.

If it’s a fairly simple will, you can get a pack from WH Smith. You don’t need anything fancy.

ISTR that it’s better to leave the specific ex something small rather than nothing and that makes it harder to challenge. Mumsnwtter Mumblechum (Marlow wills) would be a good person to contact - she can probably do everything over the phone .

As there isnt much in the way of estate, write it out on paper get her to sign and someone to witness and date.

It might or might not be legal but she is unlikely to know that, and it will give her peace of mind without involving the stress of solicitors.

NB that you’ll need two witnesses who are not beneficiaries (or married to beneficiaries). A separate signed and witnessed letter to go alongside the will to say “I have freely decided that I don’t want my child X to have any money because [reasons]” would be a useful backup in case X does fight back. Whilst you can DIY, having an independent solicitor who can testify to her apparent soundness of mind will be useful in this situation.

Oh god, don’t attempt a homemade Will if she is cutting out a child. Ring a solicitor, someone will come to her bedside with a laptop and do her a Will; they will turn it around the same day if she is that close to the end.

Oh god, don’t attempt a homemade Will if she is cutting out a child

this ^

the homemade will could well be laughed at

You need a lawyer who does wills and estate planning and they will nearly always help in an emergency if time is tight, but you may need to be able to prove capability. A home made will will just play into the hands of the child she wishes to disinherit and make it easy for them to contest.

A solicitor can do a will pretty much on the spot if it is simple.

[have sat at many a hospital bedside typing out the will in real time, zipping back to the office for printing and back to the hospital for signing. Quickest turnaround was about 90 minutes).

@NeverTalkToStrangers

NB that you’ll need two witnesses who are not beneficiaries (or married to beneficiaries). A separate signed and witnessed letter to go alongside the will to say “I have freely decided that I don’t want my child X to have any money because [reasons]” would be a useful backup in case X does fight back. Whilst you can DIY, having an independent solicitor who can testify to her apparent soundness of mind will be useful in this situation.

Yes and this.

It needs to be done with a solicitor.
A home made death bed will disinheriting one child is going to be challenged.

But the OP said her gran doesn’t have anything to bequeath. It’s just more symbolic, it seems.

Agree you need to do it properly if a child is being cut out (and who may then challenge it). So sorry about your gran op.

You could write the letter while waiting. A family member disinherited a child and the solicitor said a letter should be included (as pp said) my cousin is a solicitor and she will visit at home in cases like this.

She's got enough money to pay for her funeral, and that's it for any money, but she co owns a house with one of her other children. (Purchased well after the breakdown of the relationship) She doesn't want the one who is to be disinherited to get his hands on the house in any way. Thanks so much for your advice I'll get in touch with a solicitor. How much would a will generally cost?

The probate solicitor dealing with my mums affairs was absolutely run ragged during height of Covid last year visiting hospitals doing just this - unexpected wills needed with very little notice.

A wonderful poster on here owns Marlow Wills and she can work all on line. Check out her website for costs.

How does she co-own the house? Joint tenants or tenants in common? Tenants in common is most likely, which means it does need sorting out in the will, but you need to check to be certain.

But the OP said her gran doesn’t have anything to bequeath.

There may be personal items of great significance to her - wedding ring, letters, photos and so on - that she wouldn't want to go to the 'wrong' person.

I assumed joint tenants but I'll find out.

If they own that house as joint tenants Then her share will pass to the child who owns it with her. If as tenants in common then her share will become part of her estate to be distributed amongst her beneficiaries (where there a will).

Mumblechum did mine as well. She really was very good. Spoke about it over the phone and then she drafted it up. I think she emailed it over and I printed it off and signed it.