Beginners' guide to wills, probate etc?

[Saracen]

DH and I need to sort out wills. I'd also like to ensure that we arrange our finances in such a way as to make life simpler for our executors, so it would be good to learn what happens after a death.

Where do I start? Can anyone recommend a website or book? I'd rather educate myself first and only have a short list of questions to check with the solicitor, rather than paying them to lead me along by the nose!

Honest truth - try chatGPT as a starting point. Put in a range of prompts giving your circumstances in detail, make sure you say you’re in the UK, and see what thoughts it sparks. I would NEVER take it as the final word or as instructions, but it may bring up things you haven’t thought of.

In general: dp and i have had wills done recently and i have been executor for a will plus the child of someone who died intestate. A few points;

• make sure you have each other’s email passwords. As long as you have that, you don’t need other passwords for things because with access to email you can reset them.
• Our solicitors advised us to keep the wills as short and simple as possible and to put everything else in a Letter of Wishes that goes with your will. So, any funeral wishes, small bequests of property, that kind of thing. That means you can update it without changing your will, which is expensive.
• consider whether you want to be tenants in common or joint tenants if you have a house.

Oh and I personally would never leave a penny to charity in a will. I have heard too many horror stories. Give while you are alive and stay in control.

Marie Curie offer a free guide to wills https://www.mariecurie.org.uk/donate/gift-in-will/free-will-writing-service?gclsrc=aw.ds&gad_source=1&gad_campaignid=20524946589&gbraid=0AAAAAqKj12ECJl8ck44HmxZAlCW7PThIJ&gclid=Cj0KCQjwgpzIBhCOARIsABZm7vFYrOF-0DE5oLzwf_5D16X6x4-7hwNXl1rm-kQdjZ_RCpJZRF57l5gaAuE4EALw_wcB

Also Parts 5,6,7 may help.
https://www.gov.uk/when-someone-dies

Everyone always says passwords. In fact you aren't supposed to access other people's accounts & should just let the companies know & they will sort it out.
You also need to sort out Power of Attorney - both types. You can do this yourself, you don't need a solicitor.

The law society also has a good guide

https://www.lawsociety.org.uk/public/for-public-visitors/common-legal-issues/dealing-with-someones-affairs-when-they-die

The gov.uk guide to making a will (assuming you are in the UK):
(Please don't ask ChatGPT.)
Be aware that the law may be different in different parts of the UK.

Making a will: Overview - GOV.UK

Oh, and use a proper solicitor, not some dodgy will writing service. I've heard horror stories....

@Wonderknicks how do you sort POA without using a solicitior? I did not know this could happen.

It is very simple. And costs about £85. It is on the government website.

www.gov.uk/government/publications/make-a-lasting-power-of-attorney

how do you sort POA without using a solicitor? I did not know this could happen.

You can download the forms and get them filled in yourself. We did it for my mum.
Make, register or end a lasting power of attorney: Overview - GOV.UK

You have to be careful to get everything done in the right order and precisely as it's asked for, but you can do it without a solicitor.

Thanks I looked but I’m not in England so need a solicitor to certify it.

LPAs for finance and healthcare we have done already. It is pretty straightforward to do yourself if you follow the step by step instructions carefully. It would be quite tricky for someone who struggles with detail, because there are an awful lot of details! In that case I'd suggest asking a relative or close friend who is better at these things to stand over your shoulder and help you. But the instructions are very clear.

Never ever leave a percentage of your estate to a charity. Never mind about the tax benefits it's not worth the bother it causes. Either give before you die or leave a set amount. If charities have skin in the game they can make life hell for beneficiaries, dragging out probate for an unreasonable time.

Thanks everyone! That is all very helpful and gives me a great starting point. Yes, I am planning to use a proper solicitor and am not planning to consult ChatGPT.

We've got the Powers of Attorney all sorted out. I believe my DH is in the very early stages of dementia, and we need to get things arranged while he still has capacity. I'm aware that making a will is one of the few things I wouldn't be able to do for him as his attorney.

I used to be under the misapprehension that dying without a will wasn't a big issue if your finances and family structure are simple, but it seems that intestacy is a big headache for the survivors regardless, and I don't want that!

Reading the information you folks have suggested led me on to this detailed guide, which looks useful: https://www.thegazette.co.uk/wills-and-probate/what-to-do-when-someone-dies-executor-duties

Before starting, I will say our situation is quite simple. We are married, 2 adult children, no grandchildren, and not likely to be now. If your situation is more complicated, I would recommend going to a solicitor who can point out implications you may not have thought of, or realised could be a problem.
We have done all 4 POAs ourselves, 2 for ne, 2 for DH. It is straightforward via the website, you print off the forms,, 22 pages each. You have to be very pedantic, and follow the instructions to the letter, or it will be rejected. Be careful not to get the forms mixed up, so print them and keep them in a plastic sleeve and only get out the one you are working on. There are lots of things to think about before committing, such as if you have 2 attorneys do they both have to sign documents, or can either of them give consent?
With wills, we did ours years ago with a solicitor. About 5 years ago, we wanted to remove one of the people we had named as joint executor. Went back to the solicitor to make an amendment, but they had stopped doing wills, and recommended that we found another solicitor, and wrote a new will. As the change was minor, but important, we retyped the will, changing the line nominating executors, double and treble checked it for errors, and then checked again. We then got it signed and witnessed and registered it with the probate service. This was very easy to do., but we started with a solicitor.
Both POAs and wills are easy to do yourself, but it is good to have someone impartial to point out potential consequences of your decisions, that is the real value of going to a solicitor.

This is news to me, @Mamamia35

could you explain a bit more?

do you mean to certify that the ‘donor’ who is giving the POA is of sound mind ?

or do you mean that in the jurisdiction in which you live, a solicitor is required to?

The fee is going up in a fortnight (17th November) from £82 to £92 so worth doing it sooner rather than later.

People always say this, but I wonder how much of it is from first hand knowledge and how much of it is just.hearsay.

I 've had experience as an executor of a will which included several percentage bequests to charities and all the ones involved were courteous, professional and not at all pushy.

They got in touch once I had probate as that's when they became aware they were mentioned in the will (I didn't tell them), wanted an update a year later (I was still in the process of selling the house as the first sale fell through) and wanted to see a copy of the final estate accounts when I finally distrubuted the estate.

but they were very grateful for the bequest, didn't quibble over the amount and were far easier to deal with with some of the other beneficiaries who caused me far more grief!

This!! You shouldn't use passwords etc of the deceased for anything important like accessing bank accounts, investments, etc. You can't legally do ANYTHING with the deceased financial affairs until you are appointed via Probate/Letters of Administration. The only exception is arranging and paying for the funeral, and most banks will make payment directly to the undertakers before Probate/Administration by simply sending them the bill and death certificate. Undertaking any other financial transaction, such as transferring money, selling shares, etc., by using the deceased's password is illegal/fraud etc., even if you know you're the ultimate beneficiary and aren't trying to rip anyone off.

Several ways to avoid this causing problems. Firstly is having a joint bank account, as then the survivor automatically takes over the joint bank account and can continue using it for normal day to day bills, utilities, etc., and things like standing orders and direct debits should continue without problems. Likewise get utilities etc put into joint names rather than have them under a single name. But if that's not happened, most utility companies are helpful and will just freeze the billing/collections until probate once you tell them of the death and provide a death certificate to them.

Have a look at STEP’s Advising Families website. When finding an advisor look for one that has the TEP designation.

I've been involved with numerous estates, both as executor (i.e. for family) and as a professional (as accountant of deceased or deceased's family). Most charities are pretty good, especially smaller/local ones. Some of the bigger ones are absolute nightmares to deal with sometimes. By far the worst is the RSPCA who are absolute leeches and are usually the first to make contact once the will/probate is published, and then pester and prod you all the way through probate, chasing up progress, objecting/arguing about the detail of the estate accounts, querying things like why the funeral/wake was so expensive (wanting to see invoices etc). I'd never leave a bequest to RSPCA for that reason.

I second this suggestion. STEP advisors are more specialised in terms of estates, executorships, inheritance tax, etc. They tend to be far better at dealing with wills etc than general solicitors as they've done more training/exams in estates and usually spend more working time specialising in estates.

most utility companies are helpful

Banks, utilities and other big customer facing organisations will usually have a bereavement department. If you ask to speak to them, they will talk you through what needs to be done. People I know who have dealt with various bereavement departments have said they were very kind and helpful.

In the case of a high street bank, there may be someone in the local branch who will assist.