Home-made Wills

A discussion forum for the elderly, their carers and advisers

Postby Conveyancer » Sun Feb 25, 2007 11:46 am

That was gross incompetence on the part of the solicitor. The standard wording ...or other my principle dwellinghouse at the date of my death should have been inserted, except on express instructions to the contrary. Did she sue the solicitor?

Although an example of solicitors getting it wrong, it does rather prove my point - if solicitors can get it wrong how much easier is it for non-lawyers to get it wrong?

At the first firm I worked for it was a rule that no client ever signed a will unless it had been checked by a different person to the one who had drafted it.
If you have benefited from advice on this site please consider contributing to a cancer charity.
Conveyancer
 
Posts: 5609
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Postby andrew54 » Sun Feb 25, 2007 11:56 am

Conveyancer wrote:That was gross incompetence on the part of the solicitor. The standard wording ...or other my principle dwellinghouse at the date of my death should have been inserted, except on express instructions to the contrary. Did she sue the solicitor?


No-one sued the solicitor. Professional advice at the time was that nothing could be done.

Conveyancer wrote:Although an example of solicitors getting it wrong, it does rather prove my point - if solicitors can get it wrong how much easier is it for non-lawyers to get it wrong?


I still feel that in many situations an intelligent person can study his particular case and do a competant job without professionals.
andrew54
 
Posts: 6992
Joined: Wed Dec 14, 2005 8:25 pm
Location: north yorkshire

Postby Conveyancer » Sun Feb 25, 2007 4:00 pm

Professional advice at the time was that nothing could be done.


Obviously I do not know all the facts, but I think that something could have been tried. Drafting wills is one of the rare cases where a solicitor owes a duty of care to someone other than his client.

...in many situations an intelligent person can study his particular case and do a competant job without professionals.


Don't disagree with you as a matter of general principle, but as you know I do not extend it to wills. The risk is too great. You can't come back and put it right.
If you have benefited from advice on this site please consider contributing to a cancer charity.
Conveyancer
 
Posts: 5609
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Postby Conveyancer » Fri Aug 31, 2007 7:49 pm

Nearly two years later.

I wonder if Andrew has made a will yet?
If you have benefited from advice on this site please consider contributing to a cancer charity.
Conveyancer
 
Posts: 5609
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Postby andrew54 » Fri Aug 31, 2007 8:04 pm

Conveyancer wrote:Nearly two years later.

I wonder if Andrew has made a will yet?


No, I have not made a will yet!

Interestingly my parents-in-law are now spending money on yet another professional will. They decided not to trust the last one from just a few years ago. That professional had noted that the two sons were to be executors, knew that the estate was to be devided between the offspring, and made out the will leaving everything to the two sons. Luckily my father-in-law is very careful and read the will. He noticed that nothing had been left to his two daughters! The solicitor had not asked if there were any daughters.
andrew54
 
Posts: 6992
Joined: Wed Dec 14, 2005 8:25 pm
Location: north yorkshire

Postby despair » Sat Sep 01, 2007 11:54 am

Much more important is that EVERYONE should make an EPA before October when the new and much more complicated and expensive LPA comes into force

You can download the forms from the Guardianship website and complete them and get the witnessed then if the unforseen happens they can be registered and used to deal with financial affairs etc

You can also do an LPA which covers decisions on health as well but is more costly to register and use

Its staggering how many partners/spouses/offspring have real difficulties if one family member looses their ability to deal with finances and have failed to make an EPA

Thankfully an EPA was the only good thing my Elderly relative did 10 years ago which was invaluable last year sorting out financial chaos .......if only they had taken better advice over their Will and set up a trust though
despair
 
Posts: 16026
Joined: Mon Mar 14, 2005 8:07 am

Postby Tm » Wed Sep 05, 2007 12:56 pm

Would anyone still recommend making a will if you:

- have a spouse
- do not own any property,
- have no children,
- and only have a couple of pension plans and some savings?

would the 10minute will site be an option if you only have one beneficiary or would you recommend a solicitor in any circumstances?
Tm
 
Posts: 201
Joined: Fri Mar 11, 2005 3:52 pm

Postby Mandy » Wed Sep 05, 2007 2:00 pm

This is quite a good guide to the rules of intestacy (dying without having made a will)
http://www.trethowans.com/resources/flo ... estacy.pdf
Does it cost more to administer an estate that hasn't got a will though? Perhaps someone knows here
Mandy
 
Posts: 363
Joined: Tue Mar 20, 2007 2:04 pm

Postby Conveyancer » Wed Apr 02, 2008 6:59 pm

Time for a bump.

Make your will tomorrow!
If you have benefited from advice on this site please consider contributing to a cancer charity.
Conveyancer
 
Posts: 5609
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Postby WILL*REMAIN*STRONG » Wed Apr 02, 2008 7:18 pm

OK we are not elderly but are going to make a will now. :)
User avatar
WILL*REMAIN*STRONG
 
Posts: 6205
Joined: Wed Apr 25, 2007 3:16 pm
Location: Home Sweet Home

Postby andrew54 » Thu Apr 03, 2008 12:23 am

WILL*REMAIN*STRONG wrote:OK we are not elderly but are going to make a will now. :)


Will it be a carefully thought out homemade will? Or will you risk a bungled professional will, Will?
andrew54
 
Posts: 6992
Joined: Wed Dec 14, 2005 8:25 pm
Location: north yorkshire

Postby WILL*REMAIN*STRONG » Thu Apr 03, 2008 12:35 am

andrew54 wrote:
WILL*REMAIN*STRONG wrote:OK we are not elderly but are going to make a will now. :)


Will it be a carefully thought out homemade will? Or will you risk a bungled professional will, Will?


Homemade will for Will & Mr Will. :wink:
User avatar
WILL*REMAIN*STRONG
 
Posts: 6205
Joined: Wed Apr 25, 2007 3:16 pm
Location: Home Sweet Home

Postby Conveyancer » Thu Apr 03, 2008 12:58 am

WILL*REMAIN*STRONG wrote:Homemade will for Will & Mr Will. :wink:


NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Here's why:


A will is one of the most important documents you will sign. Would you draft other important legal documents?

There is a good chance you will get it wrong, even with a good guide. If there is a trap, you will fall into it – Murphy's law applies! Even experienced lawyers do not draft their own wills if they do not have the relevant expertise.

Ninety per cent of court cases over wills are over home-made wills.

There is more of a chance of the will being contested, particularly if you cut out a close relative.

Even if you get the words right, there is a possibility of getting the strict provisions relating to signing and witnessing wrong.

If you get it wrong you cannot come back and change it.

If you get a lawyer to draft it he will look after it for you, reducing the possibility of fraud or the will being quietly disposed of.

You may miss the opportunity to save tax.

If a lawyer gets it wrong beneficiaries who lose out can sue the lawyer.

You may think making a will is expensive, but a mistake will cost a lot more and delay administration.
If you have benefited from advice on this site please consider contributing to a cancer charity.
Conveyancer
 
Posts: 5609
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Postby WILL*REMAIN*STRONG » Thu Apr 03, 2008 11:10 am

Conveyancer wrote:
WILL*REMAIN*STRONG wrote:Homemade will for Will & Mr Will. :wink:


NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!



OK.....we will look into getting it done properly, it will be less work for us too I suppose.

I don't like the though of the will being contested, like you say you can't come back. Although I do plan on haunting a cave for fun! :D

My husband thought it would be quick and easy to do it at home but if you say that it is a bad idea, I trust you and will look into doing it through a lawyer.

How much do these things usually cost? It will most likely need to be amended at many stages throughout our life, is it easy to do? We want to leave everything to each other of course should one of us die, is there little chance of a will being contested if one correctly?

Thank you in advance for any help and guidance.

Will :)
User avatar
WILL*REMAIN*STRONG
 
Posts: 6205
Joined: Wed Apr 25, 2007 3:16 pm
Location: Home Sweet Home

Postby andrew54 » Thu Apr 03, 2008 11:23 am

But remember that "getting it done properly" can bring problems too.

Friends mother in law wanted to leave her house to her daughter, anything left to grandaughter. She was not told that the will would ever need updating. She moved house so no longer owned the 'named' house. Daughter got nothing, grandaughter got the lot.

Fatherinlaw had new wills drawn up. He mentioned he wanted 2 sons as executors, and all his estate to go to his children. Silly solicitor didn't ask if there were more children and made will out to benefit the 2 sons. Daughters would have got nothing if fatherinlaw hadn't been so careful to read the will.

Be careful. And no, I still haven't made a will.
andrew54
 
Posts: 6992
Joined: Wed Dec 14, 2005 8:25 pm
Location: north yorkshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
PreviousNext

Return to Elderly and Elder Law

Who is online

Users browsing this forum: No registered users and 1 guest