Wills

[Bazile]

Is a nod , from someone who is very ill , to a statement read out by a will writer enough for it to be legal ?

I.e - ' i want my property to go to A N other etc, etc ,etc '

[boxtops]

I am no expert, but I wouldn't think so - the Will has to be signed and the signature witnessed.

[Peter Pedant]

This isnt real is it ?

i mean what are you gonna do if we all say yes and a judge post mortem says 'er no actually' ?

Something like this: you HAVE t0 go thro a lawyer
and not take a chance with all us MRs Mopps from down the road.

here is what you do under Roman Dutch Law darn in Sarth Efrica
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=2406160

but really here if you know there is gonna be a problem like you know he cant sign the will - then the thing to do is not to rush out to Marks and Spnecer and buy a 'make your own will' pack - cost 17/6 as it will cost much more in the long run

[Peter Pedant]

oo er I thought the answer may be yes
but it seems to be no

and here we have eight years litigation on the subject
my my the lawyers must be rubbing their hands together !

http://www.telegraph.co.uk/news/uknews/law-and-order/9052035/Judge-calls-for-law-change-over-deathbed-wills.html

This question boils down to the following difficult conundrum:
The wills act 1837 says I have to comply with the Wills act in order for a will to be valid in English law - now my wuestion is, do I have to comply with s9 of the wills act ?

[Buenchico]

A will needs to be signed. If the testator is unable to sign the will through incapacity he can instruct someone else to sign it on his behalf.

Section 9, Wills Act 1837:
http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/9

[ummmm]

I was going to ask what if they couldn't write.

[Bazile]

The lady in question ( despite being advised to make a will , has not made one ) .

She is now very ill with very limited communication and will not be able to sign or instruct another to sign .

So the likely scenario is that she will die intestate .

The lady is not married but have brothers and a mother .

The mother is elderley and will not be able to deal with these matters .

Can one of the brothers apply to become an executor ?

[woofgang]

yes. If the woman dies intestate then her brother can get the letters of administration and sort things out.

[Bazile]

right ho

In this link provided by Peter Pendant - i can't see a heading to show how the estate would be divided up for the combination of ' Brother or sister and a parent '

Does anyone know ?

http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=7243758

[Bazile]

Also it refers to the decendants of the deceased father and decendants of the deceased mother .

So , aren't the 'decendants of the deceased father and decendants of the deceased mother ', the same ?

[bhg481]

Not necessarily - divorced parents remarried etc

[Bazile]

Oh of course , yes - didn't think of that .

What about my query re ' Brother(s) and/or sister(s) and a parent '
Anyone know ?

[bhg481]

I read it that if one parent is alive then they get the lot regardless of whether or not there are any siblings.

[Peter Pedant]

agreed bhg

and to think as usual that all this could havebeen avoided if she had made the will when it was suggested... hohum

[Bazile]

thanks for that .

What happens to the debts of the deceased - in particular things like credit card debts / bank debts , loans ?

[ummmm]

They will be paid from the estate. If there is no money in the estate they die with the deceased.

[buildersmate]

The estate of deceased pays them off. If not enough, they are written off.

[Bazile]

What happens in this scenario-

A parent leaves XY to a daughter in her will .
However , the daughter dies before the parent .
The parent does not alter the will - the parent subsequently dies .

What happens to XY that was left to the daughter ?

[ummmm]

If the daughter has children it will go to them.

[Bazile]

One final question ( for now )

I assume the companies to whoom monies are owed have priority of the contents of the estate before the family is considered - is that correct ?

[ummmm]

Yes. Debts get paid before the estate is distributed.