Question:
I've decided to make a Will. After a couple of health (scares). Is it legal to make a Will yourself?
FA
2012-09-07 03:18:53 UTC
Rather than go to a Solicitor.My Will be a simple one. If l have two independent witnesses,and one of them has the same surname has me-who don't benefit from the Will-is this legal? Also,the person who acts has my executor,are they responsible for carrying out my wishes.i.e. paying off my debts, before any bequeaths to my family? The reason l ask this is l have a disputed amount of money owing to a government dept.Can they claim this after l'm deceased?.Can my executor refuse to pay any money still owing?
Nine answers:
anonymous
2012-09-07 04:52:41 UTC
A solicitor will charge around £120 for a simple Will. This will be legally correct and fully binding. The solicitor will run through the common provisions and pitfalls that even the "simplest" will can encounter.

You should understand the process of Probate: this is complex and time consuming even for the very simplest of estates. Nothing can be done until this is granted. It could take between six months and a year (or more).



The advantages of using a solicitor is that:

1) there is no problem getting witnesses who are legally appropriate for the role.

2) unless you are 100% certain that your descendants will not argue - there is a legal form of words which will make your wishes for division of your estate clear and enforceable by a court (if necessary).

3) if you want your named beneficiaries to be the sole inheritors and free from "gold grabbing" spouses, and/or second wives/husbands and their children, then you must explain this to the solicitor and he will draft this in binding legal format.

4) he will explain how you should arrange your affairs and financial information (bank accounts, investments etc) so that your executors can easily gather your estate together. You won't be doing anyone any favours if you have money in a "forgotten" account that nobody knows about or can get into.

5) he will explain the implications of taxation and the legal priorities for disposal of your estate. When Probate is granted the HMRC must be paid first, next to be paid is your local authority taxes, then your commercial debts must be paid (including paying off the mortgage if you have one). Finally your legacies are distributed from the "residue" of your estate.

6) the location of the "legal" version of the Will will be in the safe keeping of the solicitor (there is normally no extra charge for this) and this will be known to your executors because you will (as a sensible person) keep an copy (not usually legally binding) in a known location in your house. That keeps the legally binding Will safe from tampering (and hence challenge).

7) the solicitor will explain the implications and advantages of a legally binding "Enduring Power of Attorney". This is what used to be called a "living will" and deals with management of your estate if you become incapable of doing it yourself. It's a scary subject (thanks to Hollywood dramas bout greedy relatives) but it's something that you really should consider ... Alzheimer's or comas etc can strike Anybody.





You can buy a "kit" from WH Smith for much less. But it will be "generic" and you MUST follow the instructions precisely or it will be invalid. You must be incredibly clear and precise how you want your estate to be distributed. Considering the tax and debt implications you would cause problems if you specified £XXX to each party and the estate was unable to meet that wish. You must also make arrangements for the safe (and tamper-free) storage of the Will and that the executors know where it is. This may not be as simple (or cheap if you us a bank box) as you may think when you really sit down and consider it. Remember - copies are not legally binding.



You can also use a professional Will writer (about £60-£70). These advertise in local papers etc. but there is no legal training or registration for these so be very careful who you choose.



You will still need two independent witnesses (their name doesn't matter). It is also legal for an executor to also be a beneficiary.



On balance I strongly recommend using a solicitor. If you care about your beneficiaries and executors this is the only way to clarify properly what your wishes are, and to make the disposal of (even the "simplest") estate as pain free as possible. It may seem a lot of money but it is SOOOO worth it for your peace of mind (and your family).
Professor
2012-09-07 03:24:42 UTC
FA, It is legal to make your own will but get a book and a set of will forms from W H Smith as if you don't get it spot on it could be queried. Do not use a witness of the same name even if unrelated. The witness has only to say that it is your signature - they should not read your will. The executor should be a well organised person who is used to writing letters and they will pay off debts before distribution. The government department can claim the money from your estate but the executor can contest it.



Later: Kernow Lady - it is curious that I near wrote the same as you and often do but I promise you I did not read your reply first
Barb Outhere
2012-09-07 03:45:11 UTC
The balance of the estate can only be distributed AFTER your debts have been paid. Your death does NOT desolve your responsibility. Your executor will have to abide by the laws regarding deceased estates.

You can legally make a will on your own, using a will form. But if it disregards the laws in any way it will not be upheld.
Tavy
2012-09-07 03:22:43 UTC
You can buy a Will Form from WH Smith which gives full instructions on how to fill it in. I have done so and it is legal in the UK.

The witnesses put their name and address. The Executor has to pay off all of your debts before any beneficeries get their money. Make sure you choose someone who is mature and sensible.

UK
anonymous
2012-09-10 10:50:16 UTC
You can make a will yourself and it is perfectly legal. There are specific requirements about witnesses and any debts you leave behind can attach to your estate. An old cooleague of mine has set himself up as an accountant and does this sort of thing. I know his charges are very reasonable - you could drop him a line. john@taxmatters.eu He'll explain everything for you or do the job.



all the best



Martin
stainless steven
2012-09-07 03:25:29 UTC
You seem to be so confused and unaware of legal matters that you should consult a lawyer. For sure any debts that remain after your decease, will be paid by your executor.
shortie
2012-09-07 03:24:44 UTC
You can make your own will, there are websites that you can do it on. Just google it.



Yes an executor acts on your behalf, but death does not excuse your debts. They have to be paid first before anything left is distributed.
Ultimate
2012-09-07 03:22:30 UTC
It is perfectly legal to make your own will, and as far as I know there is nothing wrong with a non-beneficiary family member being a witness, but do check up on this. Any outstanding dept must be repaid from the estate first. Whatever is left is then distributed according to their wishes.
?
2012-09-07 03:39:30 UTC
Yes you can write your own will, but make sure that you have it notarized , signed with witness, and you have to sign it or it no good. Your funeral and any debts will be paid first before you can give anything to anyone.Even if you have to sell your house to do so. There are some lawyers that you can talk to for the first time free.They can point you into the right direction.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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