Wills

Wills, like funeral arrangements, are to comfort you while you are living. Wills can be changed after death, if all the beneficiaries agree, by Deeds of Arrangement.

I have twice been involved in Deeds of Arrangement. Once when my sister died intestate and my parents altered her will so that the money that would have gone to them went to their two other children and when my father died, we had a Deed of Arrangement so that part of my share of the estate went directly to my children so that no Inheritance tax would be due on it if I died within 7 years.

Thank you all, I shall have a rethink!

Never is a long time. There would have to be contingencies. I'd strongly advise against DIY.

Don't forget that families grow exponentially. Nowadays, it's not unusual to have four, sometimes five, living generations.

Two children and four grandchildren now (say) could be dozens of beneficiaries in just a few generations.

Even if it's set up so a share is only inherited on the death of a parent, the per capita income in a couple of generations could be so small it's not worth bothering about but conversely an increasing administrative load for the trustees.

Rainsong not sure you can do that as it is not possible to bind someone to do something after your death. I expect that limits the rules of any trust. You can't even say you insist on burial or cremation.

You can write your own Will - although if you are looking to set up a trust then it would be best to use a Solicitor.

If writing your own, then you have to ensure that you sign in the presence of two witnesses, who must see you sign and then see each other sign. The witnesses must sign, then print their name, address and occupation. The witnesses cannot be beneficiaries of the Will. Do not pin or staple anything to the Will

Lawpack do a very good online form, which includes a checklist, so that you can see if your will is indeed 'straightforward' and can be done on-line, or if you need a solicitor.
M0nica - I'm sure you're correct, but I think that happens where people try to do complicated things themselves.
Anniebach - yours does sound straightforward, and Lawpack do help you ensure the correct wording.

Rainsong - you need a STEP solicitor, who specialises in trusts to talk to about whether that is possible (likely) or desirable (more difficult!)
I have known it done, and it can be useful, but there are loads of decisions like:
what line of inheritance and distribution of income?
trustee appointment in the future, and their specific repsonsibilities
maintenance responsibilities & decisions
conditions around a future sale.

In our village we have ended up with a dogs' breakfast around a couple of trusts set up with good intentions 80-90 years ago.
My own personal opinion is that it is only worth doing for a property that is both valuable and of special significance to the family. A friend of mine has one that is not very valuable in itself, but is in a popular holiday location, so she & her sibling run it as a holiday place for themselves and to get an income. It does take quite a bit of organisation, and they are wondering how to divi up jobs and income for the next generation.

Thank you everyone. I'm not sure why I was asking really, I'm wondering if I could set up a kind of trust for my house so it can never be sold. Just a forever income for future descendants. It's a case of who would run it though. Nice idea but probably impractical? I'm new and haven't learn't all the abbreviations yet, let alone other stuff.....

Unless you have some sort of model to base it on, it's easy to make a mistake that invalidates a will. Which? do an online will form (for a fee), which you can either just complete yourself or, for a bit extra, their solicitors will check it for you.

I have little to leave, no property, money for my burial and the grave I will be interred in is mine, oh I own land ?. Now only one daughter who will do the necessary such as informing those who need informing.

Nonnie, no one will want what I do have , don’t even have jewellery, have already given my wedding band to my daughter to be given to my younger granddaughter when I am dead.

I come in the group MOnica spoke of .

Thank you all, you are great.

Anniebach, you don't even need to buy a form. My OH drew up his own, very straightforward will in Word, printed it off and had his signature witnessed by a couple of friends.

I was concerned this might not be legally watertight and showed it to my own solicitor who said it's perfectly valid and should cause no problems at all. As I'd just spent a couple of hundred pounds having my own will drawn up, this was quite galling!

It is probably more important to make a will if there is likely to be more than one person who thinks they are entitled to whatever you leave than the amount you leave. That is unless you don't care if they fight over it and fall out after you have gone!

Lots of info here: www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

annie would a solicitor be willing to come to you, if you explain that you're not able to leave the house?

I would just add for those using will forms, with or without instructions. Lawyers probably make more money after death from sorting these wills out than from administering the standard basic will made by a solicitor.

Annie in that case you probably do not need a will anyway.

Wills are only required if there are assets to be left and even then, if the amounts are small, under about £10K, a will is not required.

Thank you jusnoneed, I didn’t know one could buy them

We bought our forms from WHSmith, they come in a pack with book explaining all the do's and don'ts. Before writing on them I scanned them into computer so that I have a blank form if needed.

Thank you Nonnie, i will look at forms online, they must be legal

Annie I think you can get will forms online but I know someone who had one drawn up for herself and then typed it up with modifications for use by other members of the family. Perhaps you know someone who would let you borrow theirs?

I would like to know if I can just write one myself, I only have my younger daughter who knows my wishes, can’t get to a solicitor, have no wealth or property to leave.

Was there something specific you wanted to know? I image there are solicitors on here, working and retired who could help you.

I found 8 threads relating to wills on just the first two pages of the list of discussion topics under the heading 'Legal & Money, excluding this one.

It all depends what you want to know about.

Important that you make one because it saves so much hassle for those you leave behind. Even more important if you remarry after having children because your old will is no longer valid and therefore you would die intestate and your spouse would have everything and your children nothing. That is English law.

I think there have been a fair few at different times.
You could always make your own post about wills, and I'm sure you'll get some friendly advice.