Writing a simple will - is a solicitor required? Please help me settle an anrgument with Dh

[wahwah]

I need to write a will leaving everything to DH and that's it really. Dh thinks I should download something from the Internet or go to WHSmith, but I would prefer to do things 'properly' and to me that means a legal person being involved. Obviously, he's not going to stand in my way, but he thinks it's a waste of money and I'm not sure why it isn't, given how straightforward my will is going to be.

I would really appreciate some views on this. Thankyou in advance!

I'd use a sol every time

One mumsnetters DH is a will writing solicitor and he says he makes more money from putting right DIY wills than actually will writing.

I think for the sake of a few hundred pounds (for a joint will)it is so worth getting it done properly.

It is possible to do it yourself. My DH wrote our wills. He did get them checked by a solicitor after ten years, and the sol. said they were fine.

We've just done ours ourselves- simple will- if he dies it goes to me, if I die it goes to him- if we both snuff it the kids get it and if we all go- it's divided between 3 charities. We were arguing too much about which family members should get it in the last scenario (I hate his family!!), so it was easier to do that!!!
Obviously if he dies first, I shall rewrite it to include my brother

I think if it is really simple (like deaddei's) you can do it yourself.

Thank you for your responses. I knew I could count on Mumsnet! I wonder if it might be prudent then to write it and then get it checked by a solicitor.

I would always recommend using a trained qualified solicitor. That way you have all the scenarios written in clearly so not ambiguous in any way. Even punctuation in wrong place can change the meaning of sentences. Also a good lawyer will make you consider all scenarios and what happens If.

As furball says solicitors can make good money out of sorting out poorly made wills.

A decent quality, bespoke couple's will will cost about £200 inc VAT. And could save loved ones a whole load of hassle.

However be wary of will writing companies. If you do want it done properly always chose a solicitor who specialises in this area of law, not one of these companies. IMO anyway.

If you are going to get a solicitor to check it anyway why not get them to write it? They'll charge you their time for reading it andndiscussing it with you anyway.

We thought ours was straightforward too- like you say he dies all to me, I die all to him, both die all to kids. Went to a solicitor under Will Aid. After an hour of "what if?" scenarios from the solicitor I had to conclude that it wasn't actually that straightforward, and was glad we'd done it properly.

If you go the DIY route make sure you use the appropriate form. Different law in Scotland. I know of someone who used an English law form and this caused havoc.

We had joint wills drawn up by the solicitor who was splitting our house between us (so that it cannot be sold to pay for long term care). There was no charge for the wills because he will take that from the estate when it is wound up.

Now I'm thinking I'll make an appt with a solicitor for both of us to write our wills. It does make sense to consider all the possibilities.

Also if you are over the inheritance tax limit you may want advice on that area and you must get teh signatures right - witnessed by two people present in the room at the same time you sign it and they mustn't be beneficiaries etc etc. Also if your spouse dies first you need to cover that and also think about guardians for the children and who will be the executor of the will.

Thanks for that Xenia. I think we'll have to take the inheritance tax into consideration. I'm terminally I'll and I have a few policies and benefits including pensions for the kids that will take me over the limit so I need a way not to pay 40% tax! I think I need a good solicitor!

I really appreciate all the advice here, thank you so much and if anyone can recommend a solicitor Dartford / Bexleyheath area, that would be fab...

Sorry to hear that. There is no inheritance tax at all between husband and wife but I did have a friend whose wife left her half of their assets in trust for the education of the children. He was very tolerant about it which was very good of him, and she knew she was very ill and he isn't even a trustee of that money. he can't touch it. Her relatives manage it and pay the school fees. he can't use it to move house, give to a new wife and her family or anything.

Thanks, oh goodness am happy for Dh to do whatever he needs with the money, he'll do the right thing.

Good to hear about the inheritance tax, although DH did say something similar, perhaps he knows more than I give him credit for.

Actually, this is all very helpful and makes things feel a bit more peaceful and organised. Thank you all very much.

So sorry to hear of your illness but really it's worth getting a solicitor to do it.

My father says my school fees were paid by people who wrote their own wills. Contesting wills is a very lucrative business but it can be heartbreaking for the family, especially if there's anything you may have promised to anyone, specific bequests for your children or arrangements for their future or any doubt about your capacity. Much better to get it done properly.

If it is a very simple - everything you have goes to DH and vice versa - then DIY wills are OK but if it is more complicated then I would suggest you use a solicitor for peace of mind.

Its not as simple as "everything to DH" though - you need to consider guardianship of any children and also what happens if you go together, say in an accident.