Legal Will Advise Please.

[ibizaboy]

Ive recently decided to get my act together and write my will. ( i,m 60 in feb) my dad passed away in 2016 and had written his own will and had it witnessed. when he passed i had no problems dealing with all his issues it was quite straight forward and easy.
my mum passed away in july this year and had a proper solicitors will ( because of property,car and a husband!)
my question is.....i have no property or car and wish to leave what i do have to my partner. one solicitor said i need a " co-habitation agreement" one solicitor told me they had never heard of it!! has anyone got an answer please. i wish my partner to have everything not anyone else. thanks.

[bednobs]

you don't need a co-habitation agreement, you need a will

[barry1010]

You can easily do this yourself, just be sure to appoint an executor (this can be your partner) to deal with your will, have two witnesses to witness your signature andsign it (this must not be your partner).

1. This is the last Will and Testament of (your name and address)

2. I appoint (your partner) as Executor and Trustee.

3. I give all of my estate to my trustees to pay all the expenses of my estate and all my debts, including any mortgage and taxes due, whether as a result of my death or otherwise. My trustees shall then hold all such remaining property for my partner [name] absolutely.

4. Date

5. Signed on the above date by the testator (your signature)

6. Witness 1 signature and date Name and Address
Witness 2 signature and date Name and Address

[barry1010]

You can also add your funeral wishes in your Will, just add another clause before date and signatures.

[TrevorThePug]

You don't need a cohab if you have a will - but its useful for divorce proceedings or if one you dies intestate.

I would avoid a solicitor who hasn't heard of a cohab agreement though.

[Buenchico]

I used to write wills for a living and I've never encountered a 'cohabitation agreement'.

Barry's draft above looks fine to me. The only addition I might make to it (although it's far from essential) is the following wording between sections 1 and 2:
"I hereby revoke all former Wills and testamentary dispositions made by me".
(It's common practice to include such a term, even when no previous will has been made, to save the executors having to look for an earlier will which might still have valid provisions within it).

Your partner can be one of the executors of your will (or the sole executor of it) but must NOT be one of the witnesses to it. The witnesses must actually SEE you sign your will. (i.e. your will won't be valid if, for example, you sign your will at home and then take it to a witness's house for them to sign it). It's also best if they actually see each other sign too. (I'd add the following wording before the witnesses' signatures but, again it's not essential "Signed by the said [your name], the Testator, as and for his Last Will and Testament in the presence of us both at the same time who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses").

[ibizaboy]

thanks to everyone who has clearly explained exactly what i need to do. funny how some solicitors won,t tell you anything unless you pay £300 plus for the information and even then it,s wrong!!, thanks.

[New Judge]

I think a co-habitation agreement is for those who remain alive but split up (and I'm not sure they are legally binding in the UK). Wills are for people who have died.

[Peter Pedant]

I appoint Jean Smith to be my executor to whom I devise and bequeath the whole of my estate absolutely

was the guts of my dear papa's will 1972
after - this is my last will etc, revocation,

and the attestation "signed by us in the presence bowing and waltzing....." was necessary or else the judge might decide to drag them into court and swear they had.

and 10/10 for writing a will - 67% of dead people in england still dont

[Peter Pedant]

£300 does seem a lot
is this the standard charge now?