ChatterBank1 min ago
Who signs a will?
Further to the post from the lady who's step sons appear to have signed their fahters will...
My brother and I have witnessed our parents will's and we are executors. The will's are mirrors of each and should one die the other inherits everything.
When they both die their entire estate (a house, small amount of savings depending on old age care etc) is probably worth well under £200,000 and will be divided between us four children (myself, my brother and two older sisters).
No one is likely to bicker or contest the will as we all know what is in it and it is split evenly.
Should we have witnessed it?
My brother and I have witnessed our parents will's and we are executors. The will's are mirrors of each and should one die the other inherits everything.
When they both die their entire estate (a house, small amount of savings depending on old age care etc) is probably worth well under £200,000 and will be divided between us four children (myself, my brother and two older sisters).
No one is likely to bicker or contest the will as we all know what is in it and it is split evenly.
Should we have witnessed it?
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Nooooo! s15 Wills Act 1837 provides that if a beneficiary or his spouse or his civil partner witnesses a Will then they cannot take their benefit. It won't matter on the first death since the surviving spouse will get it all. Assuming the survivor doesn't change their Will you and your brother will be unable to take your benefit. Of course your siblings may agree that you can, but they are not obliged to do so.
Hi Cassa
I know the witnesses should be people who will not benefit from the will and I think it would be best if they are non relatives. As it happened the solicitors secretary witnessed my fathers will and we found out a few weeks later we were related.
The solicitor thought it was best another will was drawn up and she did it free of charge.
No will can cater for this but you say the estate is to be split evenly.
I know in one situation there was a son and daughter and the daughter did most of the caring in the final years.
As it happened the son allowed his sister to take a higher percentage of the estate to allow for the fact she had lost earnings as a result of the care.
If this happens this would have to be agreed as it arises.
John
I know the witnesses should be people who will not benefit from the will and I think it would be best if they are non relatives. As it happened the solicitors secretary witnessed my fathers will and we found out a few weeks later we were related.
The solicitor thought it was best another will was drawn up and she did it free of charge.
No will can cater for this but you say the estate is to be split evenly.
I know in one situation there was a son and daughter and the daughter did most of the caring in the final years.
As it happened the son allowed his sister to take a higher percentage of the estate to allow for the fact she had lost earnings as a result of the care.
If this happens this would have to be agreed as it arises.
John
NEVER use a solicitor if you want a Will written unless they are members of The Will Writing Society. They may be experts in various legal matters, but NOT when it comes to writing Wills. There have been many cases of errors made by them because they are not experts which have resulted in a lot of heartache for bereaved people.
I said company NOT an online job! I write Wills and am a member of the Will Writing Society and STEP. No two Wills are ever exactly the same so avoid the "cheap and easy" ones online. It is not a job that you can learn in 5 minutes as there are laws and statutes that are regularly updated. The ones that you can but in WHSmith etc., do not tell you how to make your Will out in the most tax efficient way, therefore avoiding your beneficiaries having to pay inheritance tax on whatever you decide to leave them, enabling your money or estate going to your loved ones or charities without the taxman taking a slice of money that you paid tax on when you were alive!
No, not just rich folk. If you have worked hard all your life say, to buy your house, would you prefer to leave it to your spouse or children or let the government take it if you have to go into care? With a properly written Will, your estate will go EXACTLY where YOU want it to go.....not where the government decide.
"would you prefer to leave it to your spouse or children or let the government take it if you have to go into care"
Can you explain precisely how if I make a Will today and it is incorrect in some way, the "government can take it if you go into care". Nonsense. A Will speaks from death and has no effect before then (at least not in these circumstances).
Can you explain precisely how if I make a Will today and it is incorrect in some way, the "government can take it if you go into care". Nonsense. A Will speaks from death and has no effect before then (at least not in these circumstances).
crapmemory, are you are solicitor? You say someone should never use a solicitor unless he is a member of the Will Writing Society, you see, and you draft wills (or 'write' them).
Is there any professional legal qualification (barrister, solicitor) required to be a will writer? If not, what qualification is required by law? And what professional insurance, to indemnify those who suffer because of negligence and the like, are they required by law to have?
Is there any professional legal qualification (barrister, solicitor) required to be a will writer? If not, what qualification is required by law? And what professional insurance, to indemnify those who suffer because of negligence and the like, are they required by law to have?
