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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:
Alpinechalet · 08/09/2021 02:10
  1. If you leave anything above the inheritance tax threshold to charity you don’t pay inheritance tax.
  2. Charities will squeeze every penny they can so take advice on how to word it so they can’t question the executors on costs etc.
  3. Consider the age of the executors e.g choosing peers or older friends can mean they have died or are unable to act. Choosing from the next generation down can address this.
  4. You can make a new will if circumstances change. I’m on my 3rd will.
  5. Consider both types of POA Financial and Health.
  6. In your case a solicitor may be the right executor as you won’t care how much they charge. The beneficiaries can be executors and will know you better so will be more sympathetic to your wishes.
  7. You don’t say how old you are but think about long term, will you remain in your current home or down size - too many people I know left this too late. My aim is a 2 bed flat with en-suites so should I need it I can have live in carers rather than go into a home. Also remember when you retire enjoy your money, travel, take up new hobbies, eat out etc. You can’t take it with you and this is what you have been saving for so spend it.
knittingaddict · 08/09/2021 10:19

@CovidPassQuestion

There is a v longstanding MNer named mumblechum who does wills and will advice. She pays to advert on MN, and I'm fairly sure plenty of posters can vouch for her service. A will that has been witnessed by two people of sound mind shouldn't really be contested though.
Is mumblechum even on here any more? Last posts were years ago.
NeverTalkToStrangers · 08/09/2021 10:57

She's changed her name to mumblechum0 I think

Viviennemary · 08/09/2021 10:59

Get one done via a solicitor. I was advised against doing one of those. Apparently they can cause loads of problems.

burnoutbabe · 08/09/2021 11:07

Whoever you make executor, I'd also leave them money (if they are not the beneficiary)

It's an onerous job and whilst I'll happily do it for my parents /partner I'd not want to do it for free for anyone else.

The executor can employ someone professional to do it for them anyway (estate paying) but their time in digging out paperwork etc isn't covered, which seems unfair.

ivykaty44 · 08/09/2021 14:48

I would make your will at a solicitors

but you also need to make sure that in the event of your death the will is not overlooked

who will you have as executors and how will they know you died and where to find your will?

AnotherOldGeezer · 09/09/2021 07:43

I never thought I would say this but I would get a firm of solicitors to help you write the will and to be the executors

The advantage of leaving money to younger family is that they are likely to be alive and of sound mind when you die. But you aren’t doing that

Unless your friend/executors are younger than you then they could be either dead or gaga when you pop off. You need to investigate all this. I think the cost is pretty irrelevant here bearing in mind your strong views

POA sounds good too

alreadytaken · 09/09/2021 19:37

Will forms are fine when you want to do something simple - like leave your estate to your husband and if they have predeceased you equally to your children and if they have all predeceased you too you dont care what happens to it. It's also fine when you have so little money it's not worth anyone contesting the will. Anything as complicated as leaving out someone who might inherit under intestancy rules or involving large sums of money or children who need guardians and you are better paying for the peace of mind.

Power of attorney is actually very important.

Where an executor is not performing their duties properly it is possible to apply to a court to replace them. www.hcrlaw.com/blog/believe-executor-acting-improperly/ A letter from a solicitor pointing out they have, for example, failed to secure rent from a property and are therefore not fulfilling their duties, may change their behaviour.

Toolateplanting · 09/09/2021 19:47

You can appoint a solicitor to be both your welfare and finance poa. In your situation I would very strongly encourage you to do this if you don’t want to risk one of your relatives being asked to step forward as decision maker should you become incapacitated.

ICouldHaveCheckedFirst · 09/09/2021 19:48

I've heard that solicitors make more money from sorting out the consequences of DIY wills than from actually drawing them up. Go figure.

Toolateplanting · 09/09/2021 19:48

To clarify I mean if you don’t have a friend /friends you would appoint

Lincslady53 · 13/09/2021 19:30

Once you have your will sorted, go and spend the money. Whats the point in leaving thousands?

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