Viewing 29 posts - 1 through 29 (of 29 total)
  • Wills Question…
  • the-muffin-man
    Full Member

    We’re rejigging our will soon as a lot is out of date as our daughter is over 18 now.

    One bit that we’d like to clarify is what happens if one of us were to re-marry (after death of partner) and a new partner has children already. We’d not like to think our daughters sole inheritance could suddenly be split 3, 4 or more ways.

    I sort of know there’s no way to protect the surviving partners half, but could the deceased half be protected in any way?

    Just want an idea of what to ask for when we see solicitor.

    Thanks!

    SSS
    Free Member

    Scotland or England/Wales?

    the-muffin-man
    Full Member

    England

    Dickyboy
    Full Member

    In England any wills become null on marriage, you’d have to sort some sort of trust if you want to protect daughters inheritance. We looked into this & decided not to bother in the end due to restrictions it placed on surviving partner.

    SSS
    Free Member

    Agree with Dickyboy, probably need a trust or some other protective ‘vehicle’

    Although more au faix with scottish than english law.

    This may help…..

    Second Marriage – How do I avoid disinheriting my children?

    nixie
    Full Member

    We changed the house to tenants in common instead of joint tenants with (I think) a lifetime interest for the surviving partner. This means in the case of the death of one the other does not gain full ownership of the house, instead the deceased spouses 50% goes into trust for our children. The surviving spouse can remain in the house for their lifetime. There are also provisions for allowing moving as long as any future properties are split in the same way. What I cannot remember is what we did with the rest of the estate though the value of that is not significant compared to the house.

    Bonus of above is protecting half the house from care home fees if only one spouse end up in a care home.

    mattyfez
    Full Member

    Just want an idea of what to ask for when we see solicitor.

    It’s basically a question for the solicitor, everyones situation is different although most are very simmilar, the devil is in the detail.

    You’ll have to both make new wills, and they will know exactly what you want to accomplish after a meeting and will make the will(s) accordingly.

    This consultation/advice should already be included in thier fees, thats why it’s worth getting a will written up correctly according to your wishes, and why a DIY will is really not a good idea for the sake of a couple of hundred quid.

    Cougar
    Full Member

    Where are you getting wills for a couple of hundred quid? Ours wanted a couple of grand. (I’m sure I’ve asked this before.)

    Dickyboy
    Full Member

    Ours wanted a couple of grand.

    That’s either a complicated arrangement or very expensive solicitors.

    mattyfez
    Full Member

    Yeah thats sounds crazy… I’d expect £3-400 quid per will, unless the estate is very complicated with trusts, multiple properties and off shore accounts and other complications.

    So as a couple, if making ‘mirrored’ wills for a ‘simple’ estate you could probably get a bit of a discount, maybe £5-700 for both.

    If it’s just a house and a bunch of savings accounts/simple investment accounts I’d say thats pretty simple, admin wise. The point I was trying to make is that’s not the hard bit, the bit that needs to be worded correctly is who gets what and if they die where does that portion go?

    I.e, should it be split between the existing beneficaries, or should it go to the closest direct relatives of that one beneficiary if they die?

    By default, it won’t nessesarily go where you want, unless specified.

    A template Will won’t really cover that when it comes to re-marrying and additional step childeren etc, so that bit needs to be worded correctly depending on your circumstances and wishes.

    poly
    Free Member

    Where are you getting wills for a couple of hundred quid? Ours wanted a couple of grand. (I’m sure I’ve asked this before.)

    Many solicitiors will do it for a donation to charity (at the right time).  Ours were very low three figures (like <£100 each) done at the same time as a property purchase.   Either you wanted something special or you made life complicated.

    kormoran
    Free Member

    Ours were 240 for the two wills. Not simple but not what I would describe as complex either  just fairly typical. In the grand scheme of things

    Scottish prices

    Cougar
    Full Member

    I think they were just expensive.

    I didn’t actually complete them anyway because the money ran out.

    charlie.farley
    Full Member

    Following this thread with interest

    I’ve recently found a solicitors that charge £250 + VAT for a “simple will”

    If anyone is happy to share web links of recommendations for low cost, but quality solicitors, would be grateful

    mattyfez
    Full Member

    I think they were just expensive.

    I didn’t actually complete them anyway because the money ran out.

    Where are you getting wills for a couple of hundred quid? Ours wanted a couple of grand.

    I think you must have had some very bad advice, there’s no way way a will should cost ‘a couple of grand’ unless the estate is very complex, like Jacob Ress Mogg levels of complex!

    charlie.farley
    Full Member

    This Hampshire based legal firm have a full, transparent legal fees at the bottom of their Webpage

    ads678
    Full Member

    Misread the title and thought “what you talking bout”….

    Cougar
    Full Member

    there’s no way way a will should cost ‘a couple of grand’

    I think it was about £1400 for the two of us. It was a couple of years ago. Certainly wasn’t £250 each.

    mattyfez
    Full Member

    This Hampshire based legal firm have a full, transparent legal fees at the bottom of their Webpage

    That’s all well and good, but for a standard will writing service, I’d expect a fixed quote including initial consultation, signing etc.

    A lot of it is standard template stuff, but the key thing is to have that meeting/ discussion for those little caviats. It’s totally standard for solicitors to charge £300+ per hour, but any good solicitor will not expose you to those rates, unless something bat shit crazy happens.

    For drawing up a will, as I said, (if the estate is simple) shouldn’t cost more than 300/400 per person, maybe if you do it as husband and wife so the wills are the same, you get a discount.

    mattyfez
    Full Member

    I think it was about £1400 for the two of us. It was a couple of years ago. Certainly wasn’t £250 each.

    So £700 per will.. that seems really overpriced, like really bad.

    Unless you are an international man of mystery with lots of random worldly assets, they were totally blowing smoke up your bum!

    scotroutes
    Full Member

    That escalated quickly.

    One moment it was “a couple of hundred quid for two wills” then it soon became “£700 with a discount”.

    😂

    Cougar
    Full Member

    Unless you are an international man of mystery with lots of random worldly assets, they were totally blowing smoke up your bum!

    We have a shared mortgage and two empty bank accounts. My partner has two grownup over-20 children, I have no legacy.

    Mind you, this is the same solicitor who wanted to charge over a grand to sort out PoA for my mum.

    mattyfez
    Full Member

    Mind you, this is the same solicitor who wanted to charge over a grand to sort out PoA for my mum.

    Which you can do yourself, there’s 2 forms, one for health, one for finance.

    If you get a solicitor to do  it, then I’d imagine they would charge you an ‘all in’ total of about £300 for labour/admin costs, for both finance and health POA…over a grand just sounds silly..

    mattyfez
    Full Member

    Maybe don’t use that solicitor ever again.

    MoreCashThanDash
    Full Member

    I was going to mention that if you are reviewing your wills, get PoA sorted out as well, but easy to do yourself.

    mattyfez
    Full Member

    That escalated quickly.

    One moment it was “a couple of hundred quid for two wills” then it soon became “£700 with a discount”.

    Not at all, any decent solicitor will give you a free consultation, and a free estimate of fees. Especially with wills etc, it’s bread and butter, and generally quite standard.

    I was pulling figures out of my bum, as I have no idea how simple or complicated others sitations are, and what caviats thay may wish to add to thier wills.

    johnners
    Free Member

    Where are you getting wills for a couple of hundred quid? Ours wanted a couple of grand. (I’m sure I’ve asked this before.)

    Will Aid runs in November, participating solicitors will do you a simple mirror Will for a donation of £180 to one of the supported charities. Places can be limited but I think registration is open already so get in there. Some will do it by phone, VC or email so even if none of your local ones are taking part it’s still worth a look.

    Flaperon
    Full Member

    Surely it depends on how much you trust your beneficiaries? You could probably scrawl your wishes with a lipstick on a pair of old boxer shorts and provided it’s witnessed is going to be difficult to argue against if you’re not dying unmarried. Solicitor needed for more complex stuff like adding the standard “beneficiaries must spend a night in a haunted house” clause.

    If leaving anything to a charity, and they’ve been made aware in advance, then definitely get an independent opinion on what’s written. The cats’s home* will be able to draw on significant legal expenses to claim the whole lot if there’s any doubt at all.

    *other charities to piss off your family are available

    charlie.farley
    Full Member

    Thanks @johnners

    I’d not heard of Will Aid before, but I have now booked an appointment for November with a local solicitor to create a Will and all it costs is a £100 donation to charity

    Will Aid November 2023

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