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Best Will?
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I need to write a will but have never written one before, and I’m not sure where to start. If you have one, where did you go to get it done, and roughly what should I expect to pay?
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Whether you draft your will entirely independently or decide to use a professional service (such as a solicitor or will-writer), I strongly advise preparing a very basic draft first yourself. The first will I had drawn up was done by a solicitor but I realised years later (when I set up my own will-writing business) that he'd not asked the type of questions that I then thought that he really should have done. (e.g. "What should happen if Beneficiary X dies before you do?").
So start by writing down who you wish to be the executors of your estate. (You can have as many as you like but most people choose to have either one or two). Then write down what should happen if an executor dies before you do.
Next write down your funeral wishes. (They're not actually binding on your executors though).
Then move onto how your estate should be dealt with and divided. (e.g. should everything be sold and the money distributed according to your wishes or should certain things remain unsold and be given to specific beneficiaries).
Next, give some consideration as to what should happen to a gift in your will if a named beneficiary dies before you do.
Remember that anything you might leave to a minor will need to be left in trust, so write down who the trustees should be in such circumstances
Take some time to think through anything else that you need to consider.
Then, and only then, draft your will yourself or take it to a professional to deal with. If you simply turn up at a solicitor's office, without prior preparation, there's a very good chance that something will get left out.
Here's a draft will that I prepared for Caran, who wanted to leave everything to her niece. (There's absolutely no personal information in it, so I'm not breaching Caran's privacy in any way here):
https:/ /easyup load.io /kk5agc
It might give you an idea as to what you should be working towards.
So start by writing down who you wish to be the executors of your estate. (You can have as many as you like but most people choose to have either one or two). Then write down what should happen if an executor dies before you do.
Next write down your funeral wishes. (They're not actually binding on your executors though).
Then move onto how your estate should be dealt with and divided. (e.g. should everything be sold and the money distributed according to your wishes or should certain things remain unsold and be given to specific beneficiaries).
Next, give some consideration as to what should happen to a gift in your will if a named beneficiary dies before you do.
Remember that anything you might leave to a minor will need to be left in trust, so write down who the trustees should be in such circumstances
Take some time to think through anything else that you need to consider.
Then, and only then, draft your will yourself or take it to a professional to deal with. If you simply turn up at a solicitor's office, without prior preparation, there's a very good chance that something will get left out.
Here's a draft will that I prepared for Caran, who wanted to leave everything to her niece. (There's absolutely no personal information in it, so I'm not breaching Caran's privacy in any way here):
https:/
It might give you an idea as to what you should be working towards.
A good solicitor should raise all the considerations that Buenchico mentions, and I agree with his suggestion that you should think about the answers to the points he raises before you approach a solicitor.
As an aside, on the subject of Executor(s) I wanted to nominate my solicitor but he advised against it, he recommended nominating one or more from family/friends and that gave them the opportunity to select their own solicitor (possibly a more convenient one for example) if they decided they needed one rather than being forced to deal with mine. I followed his recommendation.
As an aside, on the subject of Executor(s) I wanted to nominate my solicitor but he advised against it, he recommended nominating one or more from family/friends and that gave them the opportunity to select their own solicitor (possibly a more convenient one for example) if they decided they needed one rather than being forced to deal with mine. I followed his recommendation.
Many years ago I purchased a paperback book which explained everything – I’ve just dug it out; it was written by Keith Best, titled ‘Write your own Will’ with a sticker price of £1.99.
I don’t know if an updated version is available – but contains all you need to know about writing a Will in the UK.
I don’t know if an updated version is available – but contains all you need to know about writing a Will in the UK.
With reference to Canary42's post:
I fully agree that it's best to appoint people that you know (who might well be beneficiaries) as the executors of your will, rather than 'professionals', such as solicitors or bank officials. They will then be free to decide whether to seek probate on their own or to shop around for a solicitor to do the job (with the solicitor's fees coming from your estate).
With reference to Hymie's post:
When I posted above, I'd been looking on Amazon for a copy of a book that I've recommended many times before but without success. It's good to know of an alternative but, as I've now find the one I like on eBay, here's a link anyway:
https:/ /www.eb ay.co.u k/itm/1 5501594 2693
(At one time, almost every library in the country had that book on its shelves. You might still find a copy in your local library. It won't matter if it's an older edition as, while the laws on intestacy have changed over the years, the stuff about drafting your will remains valid).
So, assuming that you'll take a look at least one of those two books, I'll now revise my advice above slightly, to suggest that you actually draw up your own will. If, having done so, you're 100% sure that everything is in order, just go ahead and sign it in the presence of two witnesses (who must NOT be beneficiaries). If you've got even the slightest hint of a doubt in your mind though, take your draft to a solicitor and ask him/her to check your draft through for you.
One last point:
A will is totally useless if nobody knows that it exists and/or it can't be found. Think carefully about where you'll store your will and consider giving photocopies to your executors.
I fully agree that it's best to appoint people that you know (who might well be beneficiaries) as the executors of your will, rather than 'professionals', such as solicitors or bank officials. They will then be free to decide whether to seek probate on their own or to shop around for a solicitor to do the job (with the solicitor's fees coming from your estate).
With reference to Hymie's post:
When I posted above, I'd been looking on Amazon for a copy of a book that I've recommended many times before but without success. It's good to know of an alternative but, as I've now find the one I like on eBay, here's a link anyway:
https:/
(At one time, almost every library in the country had that book on its shelves. You might still find a copy in your local library. It won't matter if it's an older edition as, while the laws on intestacy have changed over the years, the stuff about drafting your will remains valid).
So, assuming that you'll take a look at least one of those two books, I'll now revise my advice above slightly, to suggest that you actually draw up your own will. If, having done so, you're 100% sure that everything is in order, just go ahead and sign it in the presence of two witnesses (who must NOT be beneficiaries). If you've got even the slightest hint of a doubt in your mind though, take your draft to a solicitor and ask him/her to check your draft through for you.
One last point:
A will is totally useless if nobody knows that it exists and/or it can't be found. Think carefully about where you'll store your will and consider giving photocopies to your executors.
I wrote my own will - actually I have just finished typing it off (needs to be signed). I have had to change it 3 times though so keep a copy on my computer. Followed Chris's advice. It'll do.
The way it is written there won't be anybody fighting too much over it as I intend to enjoy my money before I croak it.
I refuse to have icicles hanging inside my windows, refuse to NOT burn heat, and refuse NOT to eat. I will die comfortable.
The way it is written there won't be anybody fighting too much over it as I intend to enjoy my money before I croak it.
I refuse to have icicles hanging inside my windows, refuse to NOT burn heat, and refuse NOT to eat. I will die comfortable.
I used the Which? Will service...all done online, very professionally done. There was a half-price offer at the time...two wills cost under £200.
https:/ /whichw ills.wh ich.co. uk/will s/
https:/