I'm making my will

[Deirdre]

Hi Everyone,

I'm 63 and own my own home outright and have decided it's time to make my will. I just want to split everything between my 2 Sons so it's only a simple will as far as my house and contents are concerned but for health reasons I will be putting my house up for sale soon as I need to move closer to town. I don't want to wait till I move as one of my Sons is going away for a year and I want to get my will sorted before he goes.

My question is, do I have to write my address in my will or can I just write that I leave my property equally to them so if and when I do move I don't have to make another will? Regards, Deirdre

[The Debt Star]

Re: I'm making my will

Hi. There is no requirement to put in your address but most people put in the address where they are living at the date the will is made. If they subsequently move to another address it is immaterial. It is good to put an address in for evidential purposes i.e. to identify you as the Testator but it is not essential to do so.

[Garlok]

Re: I'm making my will

Correct DS, also for a bit more information it is no longer necessary to have the will engrossed, beneficiaries may also be executors BUT beneficiaries must NOT repeat NOT be witnesses to the signature.

regards
Garlok

[Deirdre]

Re: I'm making my will

Thank You both for your helpful replies so I put my address where I'm living now on front of will but can then write that I wish to give & bequeath my property (no matter where I've moved to) to my 2 Sons in the main part of my will. Have I got that right? Regards, Deirdre

[Garlok]

Re: I'm making my will

Thats correct Diedre. It is normal to appoint someone to execute your will after your death. They will deal with the death certificate, tax affairs (if any) and bank accounts etc. As you will have disposed of your property then I would see no needof probate but it may be wise at the time for them to take advice. In this case your two sons could be your executors anyway. One little point I forgot, it is essential that you date the will, date the signatures of both yourself and the two witnesses. This may sound trivial but can save a lot of problems when the time comes.

regards
Garlok

[Angry Cat]

Re: I'm making my will

http://www.lawsociety.org.uk/newsand...?NEWSID=434827

[Deirdre]

Re: I'm making my will

Thank You very much for your prompt reply Garlock you've been very helpful as I also didn't know my sons could be my executors as well and was going to ask one of my sons partners. Could just one of my Sons be my executor? I bought my wee house 4 years ago for £65,000 and am going to have it valued again next week.

I must explain my house is what some people call a prefab, it's not brick built but concrete in fact it's called an "Airey" house, one of those houses put up after the war in 1952 as temporary accommodation so I will need a cash buyer for it as the banks as far as I know don't think their viable to give a mortgage on so I don't know how long it will take to sell. I'm 6 years older than my house.lol

I love living next to the Moors & I love my wee house but can no longer walk my dogs like I used to every day up on the Moors as 1 year after moving here I was diagnosed with COPD (Chronic Obstructive Pulmonary Disease) and need to be closer to a town. Hope I haven't bored you with all this. Also what is "probate" please & is there anything else I should know?

Regards, Deirdre

[CleverClogs]

Re: I'm making my will

http://www.lawsociety.org.uk/newsand...?NEWSID=434827

http://www.legalservicesconsumerpanel.org.uk/ourwork/will_writing/Willwritingsubmissions.html

[Garlok]

Re: I'm making my will

No problems Deirdre and it is not boring. Not many of us are lawyers but we try to help via experience and srtudy of our own problems.

You can appoint anyone you like to be an executor(s) as long as they are not witnesses to your signature. Many appoint their bank (most unwise in my view) or any High street solicitor will deal with it, of course for a fee.

Probate is really the Probate Court agreeing the validity of your will and allowing the executors to deal with the deceased wishes. It ised pretty much to be obligatory but the rules have been simplified somewhat and these days matters can usually progress as long as there is no challenge to the will or there is no major finance issue for example property of worth involved. I think thats the simplest way I can put it but Angry Cat and Clever Clogs have given you some links which you will find useful to have a read.

Yes I do know about "Airey" property. I have a friend who actually owns one down in the Midlands as many municipal homes were built on this basis in and around the big conurbations. He wouldn't swap it despite many being knocked down around him. I wouldn't like to comment on the lenders attitudes to these properties now, they used to be OK.

regards
Garlok

[pompeyfaith]

Re: I'm making my will

My brother had one of these houses and it had been refurbished to building regulations just before he brought it.

He has now sold it to a buyer with a mortgage so I really think it depends on the mortgagee in that some will take the risk and some will not like everything these days it is a case of shopping around.

[Esio Trot]

Re: I'm making my will

For creating a simple will like yours, rather than starting with a blank sheet of paper, why not buy a DIY kit from somewhere like Staples. It costs less than £20, and comes with a Will and the common bits, (like paying debts before disposing of assets) plus the the best form of signature wording is already there.

You then add the bit about your sons. The most important thing to think about is a saving clause. i.e. if one son happens to die before becoming entitled, what happens to his share? You could word the disposal along the lines of:

I give and and bequeath to my sons Cain and Abel, provided that each survives me by 30 days, all my worldly assets and in particular my home whose address is 1 Eden Gardens.

Should either of my sons Cain and Able not become entitled under the preceding clause, their share is to be [passed in full to the other son] [given to Heaven's Gardens Charity] [given to their offspring alive at the time of my death]

I am at present dealing with a case in our family where the parents made mirror wills with their grandchildren as equal beneficiaries, and each grandchild was named. Trouble is, the lawyer (who was also sole executor) did not provide for a saving clause, and in the intervening 10 years one grandchild died so an application had to be made to Court for directions. I am claiming that the lawyer was deficient in his professional duty, and that all legal costs of getting directions should come out of his pocket, not that of the estate.

[enaid]

Re: I'm making my will

Hi Deidre,
I am just giving you another angle on the point of making your will, I don't know how you feel about your property maybe having to be sold for your future care. I think most dislike the idea, but there arguments for both sides as always.
I am just letting you know that there are such things as Home Protection Plans, this puts your home in a trust but you do not lose any rights to live in it etc.
If you google you will get the info about them, I think it must be done professionally so there would be a cost of course.
Enaid x