DIY Wills

[Ric.ror]

I have a DIY will for Mum - she only has �10K. She wants to leave it all to me - she has told me her wishes. Can she specify in her will that I know her wishes and will act on them accordingly

[dzug]

What do you mean 'has told me her wishes'?

If she leaves it all to you she does just that. She cannot tell you verbally what she wants done with it (well she can but you are under no legal obligation to comply) - it's yours to do what you want with.

What I think she may be trying to say is that she wants you to be her executor. If this is so the will must spell out her wishes - not just say you know them.

[Ric.ror]

No she has told me what sums she wishes to give to my brothers but if she is to include it in her will she may have to go to a solicitor - and the amount is �10K

[dzug]

I really don't see why she needs to go to a solicitor. A DIY will for any amount is valid if properly written. All she has to do is list the brothers and the amounts they will get. Better to state as a percentage or fraction of the total than an absolute sum - by the time the worst happens some of the �10K may have gone.

If she does as she is proposing your brothers have no legal comeback if you pocket the lot

[funnygirl]

My dad who has all his money in a bank account, has put me on as joint signature and has written letters to my brothers saying how much of the much he wants them to have.
So when he dies, I go and get the money and hand it out to my brothers.
No solicitors or wills involved. I hope this works!

[dzug]

funnygirl - it will work if you all trust each other and don't fall out over it. If one of you decides to be dishonest - or not even that, just insists* that the law of intestacy be applied properly - then it could all fall apart. You could for example on the face of it quite legitimately lay claim to 50% of the bank account yourself as joint owner and it would take quite a lot to prove you weren't.

* or the estranged spouse of one of you could quite legally make a claim

[Peter Pedant]

If she uses the words I pray that.....it is precatory trust and not enforceable

if she has told you but has not put it in the will then it is a secret trust and enforceable so long as the secret terms are...well never mind.

she could also leave everything to you and then pin on the front of the will, 2k to albert 350 to desmond and so on. that is what my mother did and everyone just got on with it.

it is straight forward

so the short answer is yes (10k is erm notmuch in todays terms)

[Sprowston]

I am assuming you are in the UK!

As previously mentioned a DIY will is perfectly legally valid. Just make sure that it witnessed by 2 people who are not beneficiaries and that it appoints somebody (you) as executor/executrix.

also, if the gross value of the estate is less than a certain threshold (currently �10K - I believe) and the deceased didn't own any stocks/shares or freehold land then a grant of probate is not needed (unless her bank is awkward, which some can be). The executor can simply dispose of the deceased's propertymoney according to the will.

I would suggest waiting 6 months before doing so, as that is the time limit for contesting a will (if there is anybody likely to contest it).
I would suggest you go to a bookshop and buy a book on proving a will. (WH Smith do a good one!)

This is exactly what I did for the estates of both my parents!

[Sprowston]

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