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Original poster

WILL this ensure they don't get a single penny?

62 replies

Maskless · 07/09/2021 18:41

I have no partner and no kids. Purely from my own hard work I now own a house outright and have money saved. I have never received anything by way of inheritance.

Since childhood I've been treated badly by my only living relations, who are my five half-siblings. They have routinely excluded me from everything family-related on the grounds that they are full siblings whilst I am only half; also there is a massive age gap: when I was a child they were already married and raising families and lived nowhere near me, so that pushed further out into the cold.

I have a dozen nieces and nephews some of whom I have met once or twice but that was decades ago. They must all have children and grandchildren by now.

In view of the poor treatment meted out to me by my step-siblings, I want to make absolutely certain that none of my relations get a single penny of my estate when I die.

I bought a Will Form from WHSmith and have filled it in and had it witnessed by two people, leaving everything to friends. My question is: is this enough? Is there any way my distant blood relations could contest this and get my estate?

Should I pay a solicitor to draw up another will? Would that will be a more "official" and "uncontestable" one than that which I have done myself?

If I do hire a solicitor, do they hold a copy and act as my executor, or is it better to make one of the beneficiaries my executor? I'm leaving a fair amount but it's not even a million so I don't want to waste any of it on massive legal fees unless this is essential.

Thanks for any advice.

OP posts:

ManifestDestinee · 07/09/2021 19:26

Just to clear up a few things:

Step-siblings and half siblings are completely different things and it matters which ones yours are. One are your relations, the others are not. Half siblings are not distant relations, and step siblings are not relations at all.

None of them are entitled to anything from your estate, but for your own peace of mind a proper will drawn up by a professional is far more sensible.

Calmdown14 · 07/09/2021 19:27

Second Will aid. It's a couple of hundred pounds for peace of mind and to support charity.
Surely that is money well spent?

fizzwhizz1 · 07/09/2021 19:28

I think I paid £500 for my Will about 4 years ago with a top law firm in my City. Worth it for peace of mind.

BornIn78 · 07/09/2021 19:29

Sounds like you can easily afford to see a solicitor and get your will written up properly, I don’t know why this wasn’t your first thought tbh rather than a DIY job which you’re clearly not sure is even legal abs watertight.

3luckystars · 07/09/2021 19:29

It costs about 150 or 200 to make a will with a solicitor where I am.
It’s worth it if you feel strongly about it.

Taxwolf · 07/09/2021 19:32

I would see a solicitor. A friend did not want certain relatives to get hold of his money and the solicitor helped him draft a letter explaining why, to go with his will.

IveGotASongThatllGetOnYNerves · 07/09/2021 19:34

You should get a solicitor to do a good will in which it clearly states that they are to get nothing.

SunshineCake · 07/09/2021 19:37

I've written my will and specified very clearly who isn't to benefit. Iirc only people who relied on the deceased for financial support can contest not being left anything.

EmpressWitchDoesntBurn · 07/09/2021 19:39

It might be worth looking at the perks of your workplace or your union, if you belong to one. Mine included a solicitor writing & executing my will for free.

knittingaddict · 07/09/2021 19:45

@TheWeatherWitch

I once read that a will can be contested if you left nothing, but if you leave them all something then it can not be contested.

Would you be happy to leave each of them the tin opener, the novelty tea towel, the one odd glass type of thing if it guaranteed they’d not be able to claim a few thousands in cash from your estate?

If I was you I’d see a solicitor for some sound advice.

I don't think that's right. It is sometimes a good idea to say why someone isn't being left money, so that they can't argue that that it was an oversight, but there is no need to give them a penny.

This is why it's essential to get legal advice when writing a will. There is a lot of misinformation and myths floating around out there.

thecapitalsunited · 07/09/2021 19:55

To make sure you get the outcome you want you should seek legal advise. Then you can be sure that the will is worded in a way that is hard to contest.

Like others I recently used Marlow Wills to do a will and was very pleased with the service. It was all done via email and zoom so very easy.

GeorgiaGirl52 · 07/09/2021 19:59

@TheWeatherWitch

I once read that a will can be contested if you left nothing, but if you leave them all something then it can not be contested.

If I was you I’d see a solicitor for some sound advice.

My aunt did this. She had five nieces in equal standing. Her estate was divided among three of them. The other two got a costume jewelry ring and a cookbook. She also had a clause that said basically, if any person contested the will, they automatically got nothing.
Her lawyer said mentioning them by name proved that she had not forgotten them -- just showed she didn't like them!

AcrossthePond55 · 07/09/2021 20:09

Get it done by a qualified solicitor.

I'm in the US so I don't know UK law, but do you need to have some kind of POA for finances/healthcare? I'm not sure how it works in the UK, but here any medical decisions (should you be incapable) would 'devolve' onto these 1/2 siblings absent a spouse, adult child, or parent. And they'd probably be considered as 'first in line' to become your POA should you become incapable of handling your own finances.

If you really don't want them to have a say in any way in your future, get everything set up now.

godmum56 · 07/09/2021 20:10

@LuluJakey1

If a beneficiary is to be executor, they can not also witness the will- or could be accused of applying pressure to their own benefit. A solicitor will charge a great deal to be executor. It is better to have two independent people who you trust absolutely to carry out your wishes as executors.

a beneficiary can't witness a will under any circumstances

Clymene · 07/09/2021 20:19

My will cost £250 and I have a lot less money than you. Pay a solicitor

girlmom21 · 07/09/2021 20:28

I once read that a will can be contested if you left nothing, but if you leave them all something then it can not be contested.

This isn't necessarily the case however a solicitor will encourage it as a judge is less likely to rule in your favour if you're being grabby than if you've been forgotten.

Original poster

Maskless · 07/09/2021 21:30

Gosh, I didn't expect so many replies so quickly!

I see you are unanimous that I must get a solicitor involved. Why do Smiths bother selling those will forms if it's not really the proper way to do things, I wonder.

I like the idea of gift aid. I will do that and a charity will benefit.

I also have to think about POA. It never crossed my mind until someone on here said. I guess I can appoint someone but goodness knows who.

Thank you all so much for taking the time to read and reply.

OP posts:

BeeLady15 · 08/09/2021 00:26

Go to a solicitor. I’m in Ireland and it costs roughly €250 to get a solicitor to draft a will. I cannot imagine it’d cost much more in the UK. If you phrase it that all your assets in their entirety go to a certain person or charity for example, there’s no reason why any of your relatives would get anything. Again, I’m speaking from an Irish perspective, but I can’t imagine it’s much different in the UK, there’s no legal right to a share in a siblings/aunts will. Get the legal advice. It’ll put your mind at ease. Good luck

Underaleaf · 08/09/2021 00:32

I would not rely on a DIY will kit. Go speak to a solicitor.

Even better, contact a charity dear to your heart and see if they offer free will writing services in return for a share in your estate.

Underaleaf · 08/09/2021 00:37

From sad experience, death and wills bring out the worst in people. My father left a 10% share in his property to my son with my brother as executor. My brother has failed miserably in his role as executor and trustee. He has tried to conceal my son’s bequest, placed his own step son to live in the property free of charge (so denying him an investment return), and appears to withholding information on how the residual of the estate is to be invested. The first thing my solicitor said when I engaged them was “was it a DIY will”. I’ve now taken my brothers kids out of my will.

NeverTalkToStrangers · 08/09/2021 00:40

The DIY will forms work well when used by literate people and if nobody's motivated to challenge them. I have one myself to leave money to DH or DC, and, failing that, to DB. It'll work fine.

But if you're in a more aggressive and unusual scenario, the advantage of using a solicitor is that if necessary they can get up in court and say "I spoke to X at length, she was very clear in her motivations for giving money to friend Y and excluding blood relative Z. She seemed mentally sound and I did not get any sense that she was under pressure from Y."

You should write something explaining your deliberate choice to exclude your half-siblings. If you do it in the will then that would be a matter of public record forever, which is a bit brutal, so it's more normal to write a separate witnessed letter,

Bargebill19 · 08/09/2021 00:45

Go to a solicitor.
Our deceased neighbour was like you. Despite leaving everything to several charities and having a really good solicitor write her will and being in good health etc. Her relatives still managed to tie the estate up in a legal quagmire for three years fighting her will. The charities won in the end, but the trust into which everything went, can legally be contested in 7 years (10 years after her death). The entire village believe that the vile family will do just that.

WeBuiltThisBuffetOnSausageRoll · 08/09/2021 01:07

Can you name them in the will as getting zero. So they can’t argue you forgot to include them. Your will shows that you fully intended to leave them nothing?

My favourite suggestion, that I heard of years ago, was to include the following (works even better if there's an official audible will reading by a third party):

"And to my great nephew Herbert, with whom I never saw eye to eye during my life, but whom I nonetheless promised I would not forget to mention in my will.... Hello, Herbert!!"

ElizabethTudor · 08/09/2021 01:12

@RandomMess

Marlow Wills advertises here and Mumblechum is so lovely and helpful. I would recommend paying her to write your will best to spend £250 for complete peace of mind.

I can vouch for Marlow Wills and the excellent @mumblechum. Super helpful and very easy to deal with.

Hollyhobbi · 08/09/2021 01:59

Please see a solicitor to make your Will. I see a lot of Wills in my workplace and I've actually come across a situation where a person hadn't made a Will and it was about 8 years before their Estate was sorted out! And for those of you with dependent children it is even more important.

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