Making a Will

[paddywak]

I would welcome any advice on the subject, Do i need to see a solicitor, or can I just write down my wishes annd get it witnessed? I've seen will forms for down loading but you hear that many different opinions that I would welcome any advice, as to just what is legal and what isn't

[Bathsheba]

Why not use a solicitor? It doesn't cost that much, and you would at least be sure it was done properly. Try phoning a couple for a quote x

[buildersmate]

You do not HAVE to use a solicitor. You may NEED to use one - it depends on the complexity of your affairs. Of course solicitors always say you should use one - turkeys voting for Christmas springs to mind.
I have used the book published by Which? Consumer Guides as a great way to decide whether one's affairs are complex or not. If they are stariaghtforward this book helps you to construct a simple will.
The link is for Amazon, but the book is usually available from the High Street booksellers.
http://www.amazon.co.uk/Wills-Probate-Which-Co nsumer-Guides/dp/0852029713

[paddywak]

Thanks for your imput, my estate isn't to big and where i want it to go is not too complex it's just that like most people you tend not to think about a will till it's too late and you hear that many different opinions about what is legal or not and the complications that can arise if you don't get it right

[Peter Pedant]

cheapest solicitors will is around 40 quid I think

and I use a solicitor

You could write your will yourself and it is not difficult, especially if there is one beneficiary.

[Barmaid]

I know people will disagree with me here, but I always think it best to use a solicitor. Some words have a particular legal meaning and you could inadvertantly leave part of your estate undisposed of. For example in a recent case I saw, the testatrix had made a home made will that said "I appoint my sister Mrs X as my executor and leave her all my money and personal property". This did NOT dispose of her house which went on intestacy rules and was not what the deceased intended - it also cost a great deal to sort it out. If you are considering leaving any charitable bequests, it may well be worth seeing if the charity offers a "free will scheme". IE, they will pay for the cost of your will in the hope that you leave them a legacy.

[novalis]

I understand why people feel the need to use a solicitor. As Bathsheba said "you would at least be sure it was done properly". In the case of my mother's will it was "should" not "would" because he failed to draw it up in accordance with her instructions and then allowed one person to act as sole executor even though two were named. Neither the solicitor nor the person who acted as executor informed the second one as to what was going on.
Phone around for prices, but ask around about the reliability or otherwise of the solicitors.

[bednobs]

if you are over 50 age concern will let you do one for free at a solicitors

[Barmaid]

I completely take Novalis' point, but in those circumstances rectification is easier (not so easy with a home made will) since one has to prove that it was a failure to understand the testator's instructions or a failure to record them properly. Also you have the benefit of the solicitor's professional negligence insurance if they don't do what the testator intended and as a result the beneficiary is caused loss.

[paddywak]

Once again thanks to everybody, it seems a lot more complicated then I thought so I think I'll get a few quotes from soliciters also as I'm over 50 I'll probably follow bedmarks suggestion and check with age concern

[paddywak]

Sorry bednobs must have been having a senior citizen moment