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Legal, pensions and money

Own Hand written Will in plain English

(170 Posts)
MollyMinx1 Sat 21-Jan-23 17:26:21

If I write my own simple Will at home in plain English have it witnesses by two non beneficiaries, list who gets some cash gifts. Then write I want my home, it's contents, personal effects and my finances to go to my only son, and I choose an executor to pay my debts and all costs and carry out my wishes, date it, is it properly legal in the eyes of the UK law.? Do I have to register it with a solicitor or somewhere? Hope you can help

Callistemon21 Mon 23-Jan-23 21:07:18

We first made a will when we went overseas with DH's firm and decided we needed to appoint legal guardians for the children shoul anything untoward happen to us.

Iam64 Mon 23-Jan-23 21:43:45

Same for us Callistemon, our first will left our children and house to my sister. This decision was prompted when a couple we knew of were killed in a RTA and their children became the subjects of disputes between relatives

Callistemon21 Mon 23-Jan-23 21:53:38

Iam64

Same for us Callistemon, our first will left our children and house to my sister. This decision was prompted when a couple we knew of were killed in a RTA and their children became the subjects of disputes between relatives

We were advised by the solicitor that if guardians weren't appointed, they would be taken into care whilst a decision was made.

Iam64 Tue 24-Jan-23 08:37:17

Callistemon - care very unlikely. The law is clear, Family the first point of call. What a nightmare thought the family got into a dispute. Much better to set down what you want to happen. We re-wrote our will when they were young teenagers. They said much as they loved their aunt and uncle, could we put our closest friends to care for them. We had a reciprocal arrangement with the friends whose children were the same age as ours. They’d grown up together, we holidayed and spent a lot of time with them. Shared similar lifestyle and interests. Thankfully, none of this was ever needed

M0nica Tue 24-Jan-23 09:35:53

We first made a will when our children were under a year, for just the custody problems, others have mentioned. We left everything to my sister, who had agreed to take care of them if anything happened to us.

We review it, roughly, every 10-15 years.

Cossy Tue 24-Jan-23 11:17:44

Germanshepherdsmum

You don’t have to register it anywhere but please know that solicitors make far more money from sorting out home made wills than from drawing them up. I would urge you to get your will prepared by a solicitor if you want to have the peace of mind of knowing all is in order. It’s very easy to trip up in this complex area of law, believe me. It’s nothing to do with writing in plain English.

Completely agree !!

Janeea Tue 24-Jan-23 11:17:55

My mothers will was hand written on ordinary paper and was absolutely fine

Cossy Tue 24-Jan-23 11:26:02

My parents both had wills drawn up by their solicitors, and my mum latterly had LPOA drawn up and we use the same solicitors for our wills and my MiL - both my parents passed away now and I was executor on both and all went very smoothly and I felt their bills very reasonable and very detailed

spabbygirl Tue 24-Jan-23 11:31:44

co-op wills service was good and reasonably priced cos they are written by paralegals and finally checked by solicitor and you can do it down the internet/phone

Witzend Tue 24-Jan-23 11:37:45

Although there are numerous beneficiaries, our wills were otherwise uncomplicated and were drawn up by a solicitor. However I did ask for some of it to be re-worded in plain English instead of what (in the context) seemed like unnecessary legalese - they complied with no objections.

Jess20 Tue 24-Jan-23 11:40:00

You'll need to get witnesses, but you can get a form to use that tells you all about what to do.

pen50 Tue 24-Jan-23 11:42:31

I am not a solicitor but I am a probate qualified chartered accountant. Please get your will done by a solicitor or someone qualified like me. There are so many ways to trip up and too often poor will writing means that a dead person's estate doesn't get distributed the way they intended. My husband paid £150 for his will to be prepared; money well spent!

lizzypopbottle Tue 24-Jan-23 11:43:03

MollyMinx1 The 'simple' will you describe isn't simple if you include a list of cash gifts before the residue goes to your son. A simple will, properly witnessed, that no one could dispute would surely be, "Everything of which I die possessed I leave to my son, Son's Name." Give the cash gifts now.

madeleine45 Tue 24-Jan-23 12:03:51

When my husband was alive we had back to back wills so that was simple but I also wrote out a list of things that I wished to go to particular people , mostly paintings or music such as cds and all the sheet music - which costs a lot to buy these days - my husband just had that and would have passed the things over to these friends as it would have cost a lot to itemise everything in a will. However now on my own and definitely think it is worth having a solicitor to do it. As a yorkshire woman the thought that either the state got everything through some mistake or the wrong people got things and remembering your Jardine and Jarndine in your Dickens where all the money got eaten up by the lawyers. no way jose! What little bit there is left after all the taxes etc I want to go to who I choose so a solicitor for me.

sandelf Tue 24-Jan-23 12:06:59

We have, and my parents did, use these W H Smith will packs - includes information on avoiding common pitfalls. www.whsmith.co.uk/products/lawpack-premium-last-will-and-testament-kit/9781910143841.html

jocork Tue 24-Jan-23 12:08:43

My will was made many years ago and I've been meaning to update it since my divorce. Thanks for the link Callistemon21 - I've signed up to take part this year. It is even more important now as I have a grandchild now and another on the way. I also plan to sort out power of attorney. It is so easy to put these things off but we never know what the future has in store so we need to have our affairs properly in order while we can. I was glad of the reminder.

Vintagegirl Tue 24-Jan-23 12:26:33

It sounds like a simple matter with only one son. I would rather you went ahead and did it and maybe at some point someone will look it over for you. Sometimes charities offer 'free' will service but I think you are expected to donate to same? You must sign in the presence of your two witnesses... they must see you sign but may not read the contents, they then sign with their name and address. Without a will all will go to your son but it makes it simpler if there is a will made. You can also write a 'letter of wishes' which is a non legal document but should be honoured by your executor. You could put additional bequests here at some later stage.

Germanshepherdsmum Tue 24-Jan-23 12:30:57

Do make provision for what happens if your son predeceases you.

grannybuy Tue 24-Jan-23 12:32:34

My DH and myself had a solicitor set up a trust for the purpose of putting each other’s half of the house in trust for our AC on first death. The reason for this was partly because DH would definitely have needed care in the event of my predeceasing him. I had no objection to the cost of residential care, but if I died before him, and he inherited my half, it would all have been spent on his care, which didn’t seem fair. All of his subsequent care was paid for from our other assets.

grannybuy Tue 24-Jan-23 12:44:58

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.

Moggycuddler Tue 24-Jan-23 12:51:40

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.

Sawsage2 Tue 24-Jan-23 13:02:47

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

Treetops05 Tue 24-Jan-23 13:37:15

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!

Rosina Tue 24-Jan-23 14:12:53

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.

Coco51 Tue 24-Jan-23 14:28:14

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