Making a Will?

[KRUSTY]

I have recently been asked by my parents to write a Will for them. They had one done already by my older brother who is a 'financial consultant', but he has recently been involved in some dealings that, whilst not illegal, are not particularly ethical or proper either and now they are worrying about his honesty. He currently has their Will in his safe and they can't get their hands on it because he's always 'busy'. Consequently I have to draft one so that if he has been a little bit underhand I can always produce a fairer copy dated later than the original. Does anyone know where I can find free advice or free templates for such a document?

[antiguru]

WHSmith. Less than �20. No need to retrieve the one your brother has. The new one automatically becomes the real one.

[Barmaid]

If you are going to benefit from the Will, I would advise against having any hand in drawing it up. Whilst I am not suggesting that you have anything other than your parents' best interests at heart, should the will be challenged, the court will look at any circumstances that will "excite the suspicion of the court". Whilst you could quite happily draw up a Will which you or, say, your children could benefit from, it will be difficult to show that there were no suspicious circumstances in a document which you were instrumental in drawing up. Thus the best way to avoid any challenges whatsoever is to have a will professionally drawn. In my experience, the Wills that cause the biggest problems (in terms of validity or construction) are home made ones made by the use of will kits. If your parents are worried about the cost, you could try going through a charity free will scheme run by some of the major charities. Apart from anything else, if there is a **** up by the will draftsman and your parents have used a solicitor, the beneficiaries will be able to sue the solicitor through his professional indemnity insurers.

[Barmaid]

Re Antigurus answer, the new will will only automatically replace the old Will if there is a revocation clause revoking all former wills and testamentary documents. Otherwise the new will will only replace the old will in so far as it is inconsistent with the previous will.

[Eve]

There are quite few precedents and such about eg WHSmiths and on the net but i'd really recommend your parents to get it done independently and professionally where the previous situation can be explained and dealt with properly.

There is lot more to wills than most people realise and so many pitfalls that non-professionals aren't aware of. Such mistakes can have quite drastic consequences and may end up in wills being deemed invalid and people being unable to benefit etc...and be very costly for people after they pass on.

An unclear will is open to challenge and their wishes may be overruled and if correct procedures ar enot folowed it -could be rendered invalid.

The will can then be stored properly and changed properly as and when required. The proper advice can also be given as to any circumstances in which their wills should be revised.

It can be a good chance for them to get some financial and tax planning done as well.