DIY WILLS

[ilovesprouts]

hi are diy wills legal or do you need to go to a solicitor to do one have 3 kids one with SN so need to leave xtra money for him etc and to sell my home etc when I'm not here thanks

This is an area where you really should have some professional help. We did a will with software then took that to a solicitor for review and modification. It saved on fees as it gave him a starting point and all of the basic information.

Why wouldn't DIY wills be legal? My cousins DS is a solicitor and has said that very few people need to do their will via a solicitor. You could probably use some advise, but may still be able to get one written online or download an online proforma.

My DS has a will as he has an inheritance, and DD will make similar when 18 soon. We downloaded a proforma, worded it similar to ours which were written via a solicitor. DH and I named as executors and we witnessed the will, DD as beneficiary. If we all die together my SIL is executor and DS's cousins are beneficiaries.

Beneficiaries can't witness a will but otherwise there is no reason that a DIY will isn't legal.

If a DIY will contains a tiny mistake (which you may not realise, not being an expert) it can be null and void. Not worth the risk if you have anything worth leaving.

OP, DIY wills can work fine in very simple circumstances, however as one of your children has SN, it would be best to get your will written professionally.

I generally advise that, depending on the nature and severity of the SN, my clients include a type of discretionary trust which is designed so that the child with SN doesn't receive their share direct. If they did so then they would lose their entitlement to means tested benefits and could also be a bit of a magnet for unscrupulous people to befriend them in order to rip them off.

The type of trust I normally include would name 2 trusted people, perhaps close friends or siblings, to look after that child's share in the long term. They can take money out of the trust to pay for things like extra care, adaptations to a home, transport, extra education or social clubs, holidays, etc etc. They simply don't give the money direct to the child.

Of course if your child's disability is very mild, this type of trust may not be necessary at all.

DH and I named as executors and we witnessed the will

Well there you go, you've just invalidated it. You can't be a witness!

DIY is ok, but ^^ shows it's not always as simple as people think.

It doesn't cost a lot to have a will drawn up by a solicitor, around 150£. Please have this done by an expert because the courts are littered with diy will issues.

dontcallmethatyoucunt the executor witnessing the will is only an issue if they are also beneficiaries.

Jonbb

Yes I realised after I'd said it I'd read the post incorrectly . However, your point about DIY wills is really the point I'm making.

FWIW We always insist on a witness outside of ANY connection so that there cannot be a conflict (not on Wills, other legal docs).

Having administered an estate with a poorly written diy will, and complicated affairs and tricky people- I wouldn't recommend it, but it was all ok. I wouldn't worry about the teenagers' DIY wills, even if they are not valid, there is every chance the people who end up administering it would be able follow it anyway.
But I totally agree that the OP should take advice- and talk openly with all her kids Re plans so there are no shocks at emotional times in the future.

dontcallmethatyoucunt

I know plenty about making wills and did make sure, when creating my DSs, that we followed the law, ie witnessed by non-beneficiaries. We could have got our neighbour to witness, but she wasn't available! As far as I know, there is nothing to stop a relative being a witness and an executor, as long as they are not a beneficiary too?

Flutist - Yes, we could have made a mistake, but for a basic will it doesn't need an expert. Given that I copied the wording from our wills almost in its entirety and checked and double checked it (I write and check contracts for a living), I am pretty sure it is correct. It is unlikely to be challenged as DH and I would be the beneficiaries without the will.

At the end of the day, a basic DIY will is better than none. My niece, who also got same inheritance, died suddenly last weekend. As far as DB knows, she had no will so they will have to apply for letters of administration. She was young and didn't expect to die but a will would have made things easier at a time of immense grief.

The point of this thread was whether a DIY will is legal, and I was pointing out that there is no reason why it shouldn't be. I also agreed that in her circumstances Op should get legal advise.

As it says above, for the cost of doing it properly, its really not worth the hassle of a DIY job that could go wrong and leave your kids with a whole load of administrative hassle they don't need when dealing with their grief. If you have under age kids, just go to a solicitor and get it done right. £150-200. Not a lot really. We had this issue with a family will recently. Tiny omission meant it nearly wasn't accepted and loads of extra paperwork had to be done to prove something. Eventually it was OK but took months to sort out.

Mirror wills by a good local firm cost us £175
much less stress than going it alone

sophie I'm so sorry for your loss!

I've been an accountant for 35 years and regularly advise clients on wills and inheritance tax, but even I won't draft my own. What I do for myself and clients is work through the estate, work out who already gets what (i.e. life insurance in trust to named individuals, jointly owned properties, joint bank accounts, etc), and draft a list of intentions based on various likely permutations of possibilities (i.e. what I want to happen if I die first, spouse dies first, we both die together, we die with our child, etc etc), and then give that summary to the solicitor to turn it into a valid will, ie.. the correct legal terminology. I could VERY easily "DIY" my own will as I'm 99% confident of doing it right, but for the sake of a modest fee, I'd rather a solicitor did it and crossed the t's and dotted the i's properly. I've seen far too many DIY wills or intestate situations that have been messy and caused untold cost/stress due to shoddy wording and unforeseen situations.

Check out your local cheap solicitor. Our will cost £45. All signed & witnessed.. simple & legal.

Thanks all I will have money and property to leave if anything happens to me .

NotReally that is one seriously cheap solicitor!

Average high street rates around here are £275 for a single will, and even I, working from home, charge £140/£160 (depending on whether clients are Mumsnetters or not )

There are things I would choose to economise on a will is not one of them