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Will writing... don't know where to start.

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  • Will writing... don't know where to start.

    I have been putting off writing a will for about a decade now because I'm unsure about an executor.

    I'm married, with a house, and a small child. Nobody other than my wife I would consider having as executor and she's the same with me. Our child is under 18, so can't be. So obviously we could nominate each other, but if we die at the same time presumably someone else unspecified becomes executor?

    I've read a lot of horror stories about solicitors charging exorbitant rates to do the probate on an estate.

    The will I want is very simple: If one parent dies the other gets everything, If both parents die, the child gets everything. If both parents and child die together, it goes to charity (with a few specific items going to wider family).

    So first question was I wondered if an arrangement can be made whereby a benefiting charity overseas the probate and is effectively a named executor thereby (hopefully) avoiding someone unreasonably lining their pockets with my estate. This still relies on trusting someone, so no guarantees but the beneficiary will at least have some motivation here.

    The second question is what to do about an executor for a child inheriting the estate under the age of 18. This sounds like something I need to setup now rather than leave to chance?

    kind regards,
    Andy
    Tags: None

  • #2
    Start with a reputable local solicitor.

    Remember also that after you go, you won't be around to control things. You have to let go and trust people.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Start with a reputable local solicitor.
      That's a project in itself. Easy to say, hard to do especially for someone who finds it hard to make decisions. How would I know?

      Comment


      • #4
        You don't appear to have considered:
        If your child predeceases both you and your wife but has provided you with a grandchild or grandchildren, do you want your estate to pass to them or to charity?
        On your will your wife could be a named executor with a solicitor or charity named as an executor with reserved power. They would only have the power to act as executor if your wife had predeceased you. Similarly on your wife's will you would be named as executor alongside an executor with reserved power.
        In the very unfortunate event you and your wife pass before your child reaches 18 you should consider a trust and trustees.
        Safest to follow the advice provided by Atticus.
        There is a lot of time consuming work undertaking executor duties. As a rough guide a solicitor's fees for executor's work obtaining probate and administering an estate total value 600k including a property to sell is about 2% (12K) including VAT

        Comment


        • #5
          Ask friends, neighbours, colleagues, the supermarket checkout operator etc whether they would recommend a solicitor and why.

          Look at review sites.

          or sit at home and worry how you can make things more difficult for yourself and those who come after you.
          Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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