Will

[Im a BusyBee]

would a will which is just a couple of lines long actually be adhered to? my solicitor wants to make it so complicated which is not what i want. i just want to say everything thats mine goes to my husband and if he dies within 6 wks of me then it is our 2 children that have everything - he wants to say the same in reverse. is there anything wrong with that? do we need to appoint executors? (we dont want to). Surely if i type that up and we each have one in our own names and we sign our own and get a witness who also signs is that good enough?

[Barmaid]

Assuming you are in England and Wales you need at least two witnesses.

OK, so what you have suggested will potentially work. But if you get something even very minor wrong it can cost more to sort out in the long run. Even the wording of a survivorship clause (ie if he dies within 6 weeks of me) can cause problems. Some words have very technical meanings which if used incorrectly can result in unfortunate results - eg "all my personal property" would pass a leasehold but not a freehold.

What happens if one of your children dies? Does their share go to their children or to the survivor? What happens if both your children predecease you?

You don't have to appoint an executor, but if you do their authority speaks from death. If you don't appoint an executor the authority can only be conferred by the Probate Registry on application for the grant of letters of administration. This means that until probate has been granted, there is a real limit to what anyone can do.

Why not appoint your spouse or children as executors in the alternative? That way they can deal with things straight away.

I suggest you talk to your solicitor and explain your concerns. You can make a very simple will but it should be well thought out to deal with certain eventualities.

[Im a BusyBee]

thanks so much for that. i have spoken with a solicitor but he just wants to complicate things. its quite a long story but briefly i am worth more than my husband and i only wanted to make a will to ensure everything i had went to my husband should something happen to me. the solicitor said my husband should also make a will and went into the realms of inheritance tax which i am totally aware of anyway. he then wanted me to list down al my assets which i did and told him he was not to repeat it as my husband was not aware of what i was worth. when i then went again with my husband he promptly sat and read out all my assets. i was livid and upset.he wants someone from his office to be executors together with our children but i really dont want to pay them to do that. how can i find out what words are ok and just write a couple of lines and sign - job done?

[Barmaid]

You can complain to the solicitor about your breach of confidentiality. Also you do NOT have to appoint a professional executor (in fact I always think it is a good idea not to). It sounds to me like your solicitor is just not listening.

I'd be inclined to see another solicitor - preferably one who is a member of the Probate Section of the Law Society or a STEP member. If there is IHT involved, you could end up making a bit of a mess by writing down just one or two lines. But yes it can be done.

You can buy a book from WH Smith on making wills. Or a pack.

[Canary42]

Change your solicitor and report the current one to the Law Society for breach of confidence.