Own Hand written Will in plain English

Germanshepherdsmum

Thank you very much Lottie and dragonfly. Much appreciated. I try to point out the pitfalls of DIY wills and the dangers of using unregulated will writers. If someone wants to risk what happens to all their worldly goods rather than pay a solicitor then that’s their privilege.

Our legal documents are all accomplished and up to date. We actually hope to leave this earth having paid for all our care and with empty pockets. However, that can't be predetermined.

Out of interest, what if worldly goods were very limited, at what point does a person actually need a professionally drawn will?

It seems to me that a very basic will could be hand written, using special will forms, following the instructions, IF the writer could read with some degree of comprehension. No?

I worked briefly as a typist at a solicitors and my first will attempt was sent back to me with red pen as I had put in punctuation which apparently can make a will read differently to what was intended. It was hard just typing with no commas etc. It was a very long time ago so I might be mistaken but you had to lay out the bequests and at the end say who the residue was going to be left to. Also I think each page was initialled at the bottom so nothing could be added. I have also read somewhere that you should leave something like £1.00 to people you are not bequeathing anything to, so that they cannot claim they were mistakenly left out and lodge a claim but not sure if it's true. My solicitor boss also tightly sewed the pages together so nothing could be easily inserted or taken away but others used plastic binders. It can be a bit of a minefield.

Fernbergien I quite agree with you on percentages - and this is what we have done.

One thing Grandtant said struck me. In process of doing a new will at moment and were struck by difference in pricing re wills.so get some prices

I think bequests should be left as percentages. You could leave fixed amounts to more distant relatives and your immediate family get less if money has been spent for care or other.
Also charities ( I have been told) can harass the executer for quicker payment.
No one wants a minefield.

This depends on where you live. If you are not resident in the British Isles then you would be well advised to write down what you want and go along to the Public Notary with it.

I believe you may draw up your own will both in Scotland and in England, but do please check this with Citizen's Advice, or in Scotland either the local registrar's office or the Procurator Fiscal's office at your local Sheriff's court.

You used to have to use a will form, printed by HM Stationary Office and available at any book-shop.

You must sign the will in the presence of two witnesses, both of whom must not see the contents of the will, or be beneficiaries, and both must be of legal age and mentally competent.

Unfortunately, what you and I call plain English may not be so in eyes of Probate, so you would be better to write down what you wish, including funeral arrangements, and then get a solicitor to draw it up for you.

If you go ahead and draw up your own will, it would be best to lodge it in your bank - a will left in your home, may not be readily found by your executor. Worse, even although to do so is illegal, it could be destroyed if any of your relatives found it and were dissatisfied with the terms of it.

If you only have one child, the matter is reasonably straight-forward, if, as I assume, you own your house and it is not mortgaged, In any other case, it is not as simple as you imagine.

Do you have insurance policies that someone will benefit from?

Do an online search and find out which firms offer reasonable terms for drawing up a will in your area.

Let me say that I would not, and did not, write my own will. It needs the objective eye of a specialist.

GSM It is sinking the ship for a ha'pence of tar.

Neither Jjan nor Moggycuddler have come back to tell us how they know so confidently that their home-written wills are without error.

Thank you very much Lottie and dragonfly. Much appreciated. I try to point out the pitfalls of DIY wills and the dangers of using unregulated will writers. If someone wants to risk what happens to all their worldly goods rather than pay a solicitor then that’s their privilege.

I too value the help GermanShepherdsMum gives us.

We have had wills and PoAs drawn up by our solicitor who works together with our accountant and financial advisor.

It’s comments such as Jjanal’s which worry me. The words ‘what can possibly go wrong?’ spring to mind. The absence of clauses would worry me for a start. Is there a previous will which isn’t revoked? Is there a proper ‘attestation clause’ (apologies for legalese) proving that the document has been properly signed and witnessed? One long string of words is not what I would expect to see. Hey ho, you pays your money (or not) and takes your chance. Why should I comment? Home made wills bring in lots of money for lawyers.

It’s a simple will with no clauses in it, it will be perfectly legal

How can you know that Jjana1?

Thank you GSM. I appreciate your advice and words of caution. Surely we should be grateful for members expertise and not sniffy about it.

It was not clear to anyone but her. Precisely.

My mothers will cost thousands to put right as she had spelt names incorrectly and also it was not clear to anyone but her exactly what her intentions had been when she wrote it after my brothers death. I had mine done by a solicitor free of charge and donated to the Stroke Association instead of paying. Lots of organisations do that.

Sorry POA doesn’t have to be signed by a solicitor, or some in office. You can do both money and health POA online. I didn’t have to get a solicitor or police officer to witness my signature

It’s a simple will with no clauses in it, it will be perfectly legal. You’ve done everything you need to. Paying a solicitor to look at it would be waste of money. You do however need to have a lasting power of attorney which you can find in the internet. You can give your son power of attorney. This will make getting money, insurance etc much easier. You should also have a power of attorney in case you become incapable of making your own decisions. This would be for bank accounts and also one for health. You can do this on the internet. Your son can be given the power of attorney for all these.

Used the services of a well known consumer magazine for Will and POA both free and dealt with by solicitors. Will can be your own version but you do run a risk of slip ups using your own format. PoA has to be signed by professional (eg solicitor, Dr) who has assessed you are compos mentis in making your decision and of course not coerced into doing so. Solicitor charged £100 for signing mine and DHs. Also has to be registered with appropriate official body.

It actually is perfectly legal as long as it's totally clear and unambiguous,

And that is the nub. No one who made a will that proved to be problematic set out to write a will that would be problematic. They set out to write a simple will that was 'clear and unambiguous', but, no matter how careful they were, there was something, probably very minor, that they overlooked.

Just because some, possibly most (depending on how you define 'most') home written wills are OK, doesnt, mean that an awful lot aren't and that is how solicitors make theor money.

When you compare the cost of paying a solicitor to write your will, with the confidence that if they make a mistake, there will be a professional indemnity insurance behind them to make sure none of your legatees will be out of pocket, with the many thousands of pounds it may cost your executors to sort out a will with just one tiny error. Is it worth beib so cheese pairing?

By the way, Moggycuddler How can you be 100% sure that your will is 'clear and unabiguous'?

Age concern can help with wills. You son can be an executor and a beneficiary as long as there are two independent witnesses

We had our wills written by a local solicitor last year; should have done it many years ago as things are fairly complicated, but it was free of charge. We had a letter from a charity that we have helped support for many years, and this was an offer made provided we made a donation to the charity in our wills.

My Mum told everyone she had a will, then died having not, in the previous 26 years, signed it. Due to the draft will, my brother has been fighting us, his 3 sisters since 2019. We are due to go to Court this year...with all associated costs. So 3 years fighting and family breakdown, employ a solicitor and sign it!

If you need a care/nursing home at some point they will take the lot.

It actually is perfectly legal as long as it's totally clear and unambiguous, and witnessed by non beneficiaries who sign it and date it in the presence of each other. You can buy will and testament forms off the internet for a couple of pounds that make it easy. My mother and father both had wills like this and there was absolutely no problem about anything. My husband and I have made similar wills and given them to our daughter to keep hold of. There's no need for solicitors unless your will is complicated and there are huge amounts of money involved. And yes, a beneficiary can also be executor - just not a witness.

I should add that my half of the house, plus any other assets, will obviously go towards paying for my care, should that be required.