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Legal, pensions and money

DH dragging his feet re a new will.

(59 Posts)
Mamardoit Sun 18-Oct-20 08:43:21

I've been trying to convince DH that we both need new wills He keeps putting it off. Our existing wills were written 20 years ago when our youngest DC were still small children. The older two were still teenagers. Obviously our main worry then was naming guardians for the younger DC.

In the will solicitors were named as executors. Now we would rather our adult DC take on that role. He thinks we just need to write a note naming new executors and get a couple of the neighbours to witness us signing it. This is not good enough is it?

Can our children just take on the role if we die before new wills are made? I'm fairly certain the firm of solicitors we used no longer exists so I have no idea who has our wills. We do have copies.

Also how may executors do people usually have? I'm going to have to discus this with all of them and hope none of them take offence if they are not chosen. Not something I want to do but I'm not going to just stick my head in the sand like their dad.

kentmaid Mon 19-Oct-20 19:02:50

Two experiences:
My father named solicitors as his executors. My SIL and I felt perfectly capable of executing his very simple will - he had no property (Council tenant), a few shares, a bank account and a savings account. We were told the executor’s fee would be £1,000. They would charge us £600 to transfer executorship to us. We said “You do it then.” 12 months later still not distributed. My brother read the riot act and suddenly all clear. Bill now £1,800. No, we had an agreement of £1,000, that is all you can take.
Second incident.
DH and I on second marriage with now grown up DC decided to have a review. Spoke with 2 solicitors.
Number 1 proposed a complicated series of trusts to avoid inheritance tax (way below the limit) and “protect” our children. They would have to be executor, of course. Will would cost £2,200.
Number 2 asked “Do you trust each other?” Yes, we do. “A simple will by each of you leaving everything to the other or divided equally between your DC if you are the survivor.” Sounded good to us. Charge £525.00
We are each other’s executor in the first instance and the solicitor will be executor for the survivor.
We can always get more legal advice should we need it in the future.

Kamiso Mon 19-Oct-20 19:17:52

Callistemon

^Just wondering why you want your children as exectutors? Much easier to get a solicitor to do the legal stuff even for a simple will.^

Because the solicitor will charge - a lot if they can.

And you are just one client amongst many! If your family get on well and are reasonably intelligent they can save thousands of pounds by sorting matters out themselves.

Mostly the solicitor gives the job to the trainees and they are not always up to speed.

It’s probably best to discuss it with your children. Some would be quite capable and others may be daunted at the prospect.

Jani31 Mon 19-Oct-20 20:58:34

Luckily we had never changed our wills made in 1987 till OH died in 2011 suddenly. We were separated at the time so it was all down to me. I had his pension, the money from his house and insurances went to our daughters. I made a new will leaving our daughters as Executors and it to be split between both girls. If one died then it would go to their 'Issues' or children which I thought was fair having never considered that I would have 3 grandchildren in the past 4 years. ps my Dad's will is still valid from the 60s leaving the house to Mum and if she had passed, us 4 children to Mum's friend who has since died.

GrannyRose15 Mon 19-Oct-20 21:51:33

It's best to have two executors as there can be a lot of work for someone on their own. It is not just a question of choosing a friend and worrying about offending people who are not chosen as it can be quite a complicated job depending on what your assets and family circumstances are. Choose a friend or relative that has some professional skills, an accountant or lawyer, or someone who works in admin and talk to them about your wishes. Appointing a firm of solicitors may seem like the answer but it will cost a lot of money and eat into your legacies.

icanhandthemback Mon 19-Oct-20 21:56:53

If a Will is written properly, you should just be able to write a codicil. Your husband is quite correct. Probate is a simple procedure and any intelligent, honest and organised person should be able to administer the Will. Paying a solicitor’s fees to write letters PLUS a percentage of the estate PLUS vat will soon deplete the average estate. Just make sure you have allowed for backups as executors so they are young enough to manage. Involving too many people will cause problems especially if one executor is bullish!

Granless Tue 20-Oct-20 12:02:13

If spouses have put unequal monies into buying a house and they want their share to go to their children, then a Declaration of Trust must be drawn up to ensure that happens.

Davidhs Tue 20-Oct-20 13:16:11

Beware solicitors, many firms have sacked experienced people and replaced them with cheap muppets who drag it out as long as possible.

There is plenty of information on what an executor needs to do, it the estate is straightforward it should be no problem, but it is time consuming.

Lizbethann55 Tue 20-Oct-20 16:31:13

Definitely make a new will. It will only take a short time to do but will save endless time, heartache and money for your children in the future.