no will

[millymay]

If I have not left a will but a letter stating what i would like toleave to family members would that be ok?

desparate.

j

[bigsister]

I'm not sure millymay, but thats what I have done, as I am going into hospital tomorrow, so have done it 'just in case'. Its got to be better than nothing.

[spudqueen]

I think that that is classed as a will. Usually a will is drawn up by solicitors so that all the legal terms are correct and they can help you with the process, but as long as your letter is straight forward then there should be no problem.
You can also buy will forms from WH Smith if you can get there.

[Barmaid]

This is not a legal document. OK, so if all your family agree, and all are over 18 or not under a disability, they can come to whatever agreement they wish regarding your estate. However, unless the letter is signed by you in the presence of at least 2 witnesses and they then attest and sign the document, it is not legally binding as a Will and your estate will pass under the intestacy rules if the family cannot agree. This is correct for England and Wales, I am not sure about Scotland, but seem to think only one witness is required.

[Cathyhuns]

Barmaid is correct that the letter does not constitute a Will unless it is signed by two witnesses. However you must make sure that these witnesses do not benefit from the Will or their signatues will be invalid.

[Tichfield]

If you die without leaving a valid will then you die "intestate".

If you die "intestate" then the Law dictates how your assets are distributed.

You may not want that to be the way things are done, but you must make a vaild will to stop that from happening.

[elaine33]

Your letter is not a legal document. It is just a letter of wishes and your family are under no obligation to follow it.
You need to get your 'letter' signed, witnessed and dated by two people. (preferably not benefactors)
You can get will forms from the Post Office or get it officially done at a solictors. My hubby and I got ours done for �75 (I know that is expensive for some people so get the form from the Post Office but just make sure it is signed and witnessed correctly)

[Barmaid]

Cathyhuns is right about the two signatures - however if they are beneficiaries it does not make their signatures invalid, it makes their gifts invalid. So the will will be perfectly OK, but their gifts will fail.