I need a new Will - how do I go about it?

mumtoadhdasdboy · 2024-08-13T15:01:41+00:00

I had a change of personal circumstances last year and I'm now a single mum to my son (14). My current Will was written to leave everything to my ex partner so obviously I want to change it asap. My previous Will was written by a solicitor. Can I just go online and do a new one for free? Are these websites ok to use? Or should I ask the solicitor to amend my existing Will? I don't have much disposable income anymore so want to avoid additional costs if at all possible but do it properly. I'm also wondering if I do a new one, what would happen to my existing one?! Thank you for your help.

Sarvanga24 · 13/08/2024 16:04

First things first - who is holding your current will? If it was written by a solicitor and held anywhere, I would make sure that they know immediately that it is no longer valid.

That would leave you intestate, which would mean your estate would go to your child.

Bromptotoo · 13/08/2024 16:06

If you left stuff to a partner you're no longer with then that introduces an element of urgency as, were you to die tomorrow, there would be potential for that will to be acted on.

There are ways of doing DIY wills but the simplest thing might be to find a charity who will pay for a will for you. They'd hope you'd leave a leagcy of a few hundred but otherwise no charge.

Original poster

mumtoadhdasdboy · 13/08/2024 16:20

Sarvanga24 · 13/08/2024 16:04

First things first - who is holding your current will? If it was written by a solicitor and held anywhere, I would make sure that they know immediately that it is no longer valid.

That would leave you intestate, which would mean your estate would go to your child.

I've just messaged the solicitor to advise them. Tbh I want everything to go to my child anyway which may make things simpler. My son has ADHD and ASD and is unlikely to live independently but I'm not sure if that's relevant or not?

OP posts:

Noras · 13/08/2024 16:30

Hi

1 You need to get all copies of your will returned so that you can ensure that they are all destroyed or inform solicitors to ensure that they are all destroyed.

2 If you son cannot live independently than you need to protect him from a charge against his inheritance via social services. Moreover, any savings he had over 6000 will gradually reduce universal credit and eliminate access to it if above 16,000. He will also lose linked benefits eg housing benefit/ prescriptions etc.

Normally, drafting a will is pretty straightforward as long as you ensure that it is appropriately witnessed, However for your son I would advise a lawyer to draft up a proper vulnerable persons trust and also think about such things as whether any wife or off spring he might have could benefit were he to die etc. You also have to give thought to trustees who will look after your son’s affairs and if they should be remunerated. For that reason I would suggest seeing a lawyer. In the meantime, you could knock up a straight forward will eg
I leave everything to my son named…. On trust until he reaches 25 and then absolutely

I appoint ….as trustees / executors ( 2 trusted family member?)

ensure that the witnesses are not a beneficiary and they see you actually sign the will. Google how to ensure will is properly executed / witnessed - it’s where people mess up.

Original poster

mumtoadhdasdboy · 13/08/2024 16:38

Noras · 13/08/2024 16:30

Hi

1 You need to get all copies of your will returned so that you can ensure that they are all destroyed or inform solicitors to ensure that they are all destroyed.

2 If you son cannot live independently than you need to protect him from a charge against his inheritance via social services. Moreover, any savings he had over 6000 will gradually reduce universal credit and eliminate access to it if above 16,000. He will also lose linked benefits eg housing benefit/ prescriptions etc.

Normally, drafting a will is pretty straightforward as long as you ensure that it is appropriately witnessed, However for your son I would advise a lawyer to draft up a proper vulnerable persons trust and also think about such things as whether any wife or off spring he might have could benefit were he to die etc. You also have to give thought to trustees who will look after your son’s affairs and if they should be remunerated. For that reason I would suggest seeing a lawyer. In the meantime, you could knock up a straight forward will eg
I leave everything to my son named…. On trust until he reaches 25 and then absolutely

I appoint ….as trustees / executors ( 2 trusted family member?)

ensure that the witnesses are not a beneficiary and they see you actually sign the will. Google how to ensure will is properly executed / witnessed - it’s where people mess up.

Thank you that's very helpful advice. I don't really have anyone that I could appoint as a trustee unfortunately (I only have people my own age, he'd need someone from a younger generation I would think?) so I may have to ask a solicitor to manage it all. I'll speak with my ex - he's got a larger family - maybe someone on his side could help in that regard. We are relatively amicable and would both want what's best for our son.

OP posts:

Original poster

mumtoadhdasdboy · 13/08/2024 16:41

Noras · 13/08/2024 16:30

Hi

1 You need to get all copies of your will returned so that you can ensure that they are all destroyed or inform solicitors to ensure that they are all destroyed.

2 If you son cannot live independently than you need to protect him from a charge against his inheritance via social services. Moreover, any savings he had over 6000 will gradually reduce universal credit and eliminate access to it if above 16,000. He will also lose linked benefits eg housing benefit/ prescriptions etc.

Normally, drafting a will is pretty straightforward as long as you ensure that it is appropriately witnessed, However for your son I would advise a lawyer to draft up a proper vulnerable persons trust and also think about such things as whether any wife or off spring he might have could benefit were he to die etc. You also have to give thought to trustees who will look after your son’s affairs and if they should be remunerated. For that reason I would suggest seeing a lawyer. In the meantime, you could knock up a straight forward will eg
I leave everything to my son named…. On trust until he reaches 25 and then absolutely

I appoint ….as trustees / executors ( 2 trusted family member?)

ensure that the witnesses are not a beneficiary and they see you actually sign the will. Google how to ensure will is properly executed / witnessed - it’s where people mess up.

sorry just to come back to this, would a vulnerable persons trust need to be handled separately to my Will?

OP posts:

Noras · 13/08/2024 17:03

mumtoadhdasdboy · 13/08/2024 16:41

sorry just to come back to this, would a vulnerable persons trust need to be handled separately to my Will?

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No it’s included in your will.