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Original poster

Making a "home made" will (I am in the UK)

32 replies

Maytoday · 01/05/2021 12:02

I know there are many threads on this but can't find one which is not old or can specifically answer my question(s) so if anyone can help I would be grateful! When I say home made will I am referring to the type of forms from Post Office etc. or whoever else provides these forms.

Having searched many websites and will making firms/charities etc etc I still do not know if what I am looking for is possible.

I have a will which was made through a local solicitor 18 years ago but is now out of date regarding the contents and do not want to make a new one with the same law firm (or any law firm if I can do it without) plus my current circumstances make a new will so much simpler and straighforward.

Having read that a "home made" will is perfectly valid if signed and witnessed correctly and this would cancel any previous will, I thought Bingo it is looking good. Now I read that a new home made will should not include a property.

My current situation which is not likely to change:

One property owned and no mortgage.
A modest amount of savings which may alter but there will always be a sum to inherit.
One adult child who is unmarried and not likely to be so at any time. They will inherit everything.
I do not want to appoint an executor but understand there is a system whereby an independent exec. can be appointed for a fee from my estate. Can't give too much away here but my adult child would not be suitable as an executor.
There is no other family who would be involved in my will or anything I leave behind.

I have my doubts anyone here would have such a simple situation when it comes to their will but hope someone out there has perhaps had a similar or very similar situation to deal with.

The solicitor my will is currently with has told me I need to make a new one and would be charged around £300 again. I prefer to avoid this if possible.

Thanks for reading!

OP posts:
WarwickHunt · 01/05/2021 14:54

A few points come to mind.

"Home-made" wills have exactly the same legal status as any other will. You can certainly leave property in a will which you have drafted yourself. The danger with home-made wills is that they may not be very well put together and therefore not achieve the outcome which the testator wished. In particular do make sure that it is properly executed.

In fact your will would be extremely simple to draft. You are just leaving your entire estate to one person. As home-made wills go they don't get any simpler.

Although having said this, is your son vulnerable or in any way lacking legal capacity? If that is the case then it would make sense for the estate to be left him on trust, in which case things become much more complicated and you definitely need a solicitor to draft it.

Finally on the issue of executors you are right that you can appoint a professional to act in that capacity. That would normally be a solicitor. I'm not sure that you will find a solicitor who would agree to act as executor for a will they didn't draft. And even if they do agree to act they charge a percentage of the estate, which for any estate involving property will run into thousands, and completely dwarf the £300 bill you are unwilling to pay at the moment.

notapizzaeater · 01/05/2021 15:16

Could you not get a charity will made ? You dont have to donate a fee if you dont want to.

£300 seems expensive, there's someone on here that does wills - think marlowwills ?

Mn753 · 01/05/2021 15:17

Get a singer called Fergie to help

travailtotravel · 01/05/2021 15:21

Honestly, get a charity free will - if you can spare a couple of hundred quid for the charity you chose, so much the better. But it's not mandatory. But I don't think that's the difficult bit here. Reading this it's the executor. Do you have a friend you can ask?

Charley50 · 01/05/2021 15:23

Farewill? Online will...

AttilaTheMeerkat · 01/05/2021 16:12

Will writing services unlike Solicitors are generally not regulated.

Do not attempt to cut corners on such an important thing to get right for your surviving relative by wanting to save on the cost now. A homemade Will is only legally valid if properly drafted, signed and witnessed. The absence of these things means the Will will be in danger of being disputed and your circumstances also are not entirely straight forward (you mention your adult child not being suitable to be an executor).

Original poster
Maytoday · 01/05/2021 18:47

Just got back home and have read your replies and advice, thank you.

I will consider your suggestions and stop procrastinating, soon.

(My adult offspring is not vulnerable so that would not be an issue)

OP posts:
Soontobe60 · 01/05/2021 18:56

If your estate is going to your son, why don’t you want him to be the executor? That doesn’t make sense.

ShanghaiDiva · 01/05/2021 20:56

As pp have mentioned, having a property does not preclude you from drafting your own will.
It may be sensible to follow the format of your existing will. Your wishes seem quite straightforward. One question would be what do you want to happen to your estate should your son predecease you?
Personally, I would appoint an executor as this will make the probate process cheaper. Perhaps a trusted friend?

CarrotPuff · 01/05/2021 22:45

Have a look at Which? They do straightforward wills quite cheaply, you just answer a load of questions.

minniemoll · 01/05/2021 22:58

My late husband made a will which was just a couple of lines saying he left everything to me, and signed it in front of witnesses. It was accepted by everybody who needed to see it.

OccultGnuAsWell · 03/05/2021 16:48

Age uk offer advice on will making and will do straightforward ones for you. They also offer advice if you have any will related questions.

I have a complicated set of circumstances re my will so Age uk recommended a local solicitor who would do it more cheaply than most.

superduster · 03/05/2021 22:37

Why don't you want to do it properly with a solicitor if you have the funds to do so? All sounds a bit odd.

crimsonlake · 05/05/2021 17:27

Unless it is a complicated will it should not be expensive...I paid £120.

dopenguinsdance · 05/05/2021 17:47

Not massively helpful for you OP but the Law Society does free will months every year in March & October. I think the next week runs from 21 October 2021 and, if you're 55 or over you have the benefit of getting your will written or updated by a qualified and fully insured solicitor. The scheme is backed by major charities like Age Concern ( they hope you'll leave a gift to the charity in your will) although "those taking up the offer are under no obligation to leave a gift to one of the Free Wills Month charities"
freewillsmonth.org.uk

Original poster
Maytoday · 05/05/2021 19:25

@dopenguinsdance

On the contrary your reply has been very helpful to me so thank you for that. I was aware of the free will service through Age Concern but thought it was only once a year so will sort it out for October.

OP posts:
dopenguinsdance · 08/05/2021 17:23

Glad that it's helpful Maytoday but please be aware that it's done on a first come first served basis so you need to diary it and reserve your spot. I'm not sure how many spaces there are but I expect that demand outstrips supply. The LS are always asking more firms to join the scheme.
There's also a useful checklist on the website so you can identify your assets and what the advisor will need to know. My own DM was badly misadvised by a commercial will writer (on a referral by DMs financial advisor; they both took feesHmm ) but we were able to sort things out as she wanted with a local solicitor who actually explained all the options and was very careful to give effect to what DM wanted. I still don't know what's in my DM's will btw (& I don't care) but we're reassured by the fact that she's very happy with the advice and that everything she wants to happen is clearly set out. The solicitor advised her to make LPAs as well and they've been registered with me and DSis involved so we can give effect to DM wishes if she isn't in a position to do so.

thecognoscenti · 08/05/2021 17:29

Just to mention that if you don't appoint an executor in your Will the only person who would be entitled to administer your estate would be your son, as beneficiary. So not appointing an executor would lead to the exact situation you want to avoid.

I really would be getting professional advice if I were you; your situation isn't totally straightforward if you have reasons for not wanting your son as executor.

I see situations where people have tried to save a few quid and not get a professional Will done and honestly it causes real problems sometimes. I could talk all day about the things I've seen.

The trouble with a defective Will is, the issues don't come to light until the one person who can fix it (the testator) is dead.

user1471543683 · 08/05/2021 17:38

My DP and I eventually got round to doing our wills in March through Cancer Research. Free but we've left a donation to go the them in our wills. Initially Solicitor said as I was under 55 I would have to pay (DP is over 55) but she did a bit of checking and said actually as long as I was over 18 it was free.

Original poster
Maytoday · 10/05/2021 09:49

@dopenguinsdance

Again thank you for your further advice and yes I have already registered online to be reminded of the free will service in good time before the start date to go ahead. The other points about an executor have been addressed and I am clearer now of my options.
I think my fairly straighforward requests can be met without much complication but will have that confirmed (or otherwise) in October.

OP posts:
Shouldbedoing · 10/05/2021 09:54

Do your homemade will now as your current will is out of date. Then a better will in October.

Palavah · 10/05/2021 09:57

I don't understand why you don't want your son to be executor, if he's not vulnerable and he's the sole beneficiary? Is it to save him the effort? If so then why wouldn't you appoint an executor (usually a law firm)?

Original poster
Maytoday · 10/05/2021 10:32

@Palavah

I know you don't understand it and it is too personal to divulge on here but as I said above I have now got it as "sorted" as I can before making my new will. The personal circumstances will be explained to the will making firm and after a little further investigation I am now fairly confident they can accommodate my request.

OP posts:
Jannetra17 · 10/05/2021 11:29

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Original poster
Maytoday · 10/05/2021 12:43

Not sure what happened to the last poster Jannetra17 but I just came back from shopping and found they posted something which MNHQ deleted. Anyone care to give me an idea what it was about that warranted a deletion?

OP posts:
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