Getting a will written-how do I choose who to write it?

[Dave7]

There was a similar titled thread some weeks ago and some of the replies suggest that there are some knowledgeable people on CC.
I know that, theoretically, almost any solicitor can do it (and I could do it myself if I was daft enough).
So.......how does anyone go about choosing the best person to write it ?
What qualifications are best ?
In my case there are not many difficult complications but I still want to protect my meagre estate as best as possible.

 

[compo]

Proper solicitor.
It can be simple or can be a minefield.

 

[Silver Fox]

If it's uncomplicated ( or even if it is ) and your wishes are made clear you don't need a solicitor to draw up a will but you do require two independent witnesses to your signature on the will. I composed one for myself and my mum and dad. When my mum passed away her will sailed through probate.

If you're unsure though, it's always best to seek proper legal advice.

 

[Dave7]

Proper solicitor.
It can be simple or can be a minefield.

Yes-but how do I decide who is a "proper solicitor" ?

 

[MontyVeda]

if there's nothing to complicate your estate, then do you really need a to write a will?

current legislation on passing on your estate when you die is straightforward and logical i.e; it goes straight to your spouse or divided equally amongst children, if you don't have kids, then it's shared between brother, sister, nephews and nieces or whoever your closest relatives are.

 

[ASC1951]

Yes-but how do I decide who is a "proper solicitor" ?

Get someone who is a member of the Society of Trust and Estate Practitioners. Most decent firms have one. A simple will doesn't need that level of expertise, but it's a protection from a conveyancer/litigator who does wills as well 'because they are easy'.
Searchable index at www.step.org

 

[ASC1951]

if there's nothing to complicate your estate, then do you really need a to write a will?

current legislation on passing on your estate when you die is straightforward and logical i.e; it goes straight to your spouse or divided equally amongst children, if you don't have kids, then it's shared between brother, sister, nephews and nieces or whoever your closest relatives are.

Except that it doesn't. That's over-simplified - see a nice flowchart here. http://features.withersworldwide.com/system/files/uploads/2011/01/12/25/intestacy_chart_jan_2011.pdf
And if you want to make gifts to anyone outside that order, or to exclude potential beneficiaries, you can only do that with a Will. Or if you have stepchildren, or if you aren't married, or if one of your children has shacked up with a gambler, or ....

 

[deanE]

Here’s a good start. http://www.moneysavingexpert.com/family/free-cheap-wills#cheap

 

[MontyVeda]

Except that it doesn't. That's over-simplified - see a nice flowchart here. http://features.withersworldwide.com/system/files/uploads/2011/01/12/25/intestacy_chart_jan_2011.pdf

like i say, it is quite straightforward looking at the flowchart if there's nothing to complicate your estate

And if you want to make gifts to anyone outside that order, or to exclude potential beneficiaries, you can only do that with a Will. Or if you have stepchildren, or if you aren't married, or if one of your children has shacked up with a gambler, or ....

that what i'd call things to complicate things.

 

[laurence]

Get someone who is a member of the Society of Trust and Estate Practitioners. Most decent firms have one. A simple will doesn't need that level of expertise, but it's a protection from a conveyancer/litigator who does wills as well 'because they are easy'.
Searchable index at www.step.org

this ^^^^^^

that is all you need know really.

 

[biggs682]

we bought a diy kit

after deciding current solicitor written ones were not what we wanted now a few years later

 

[ASC1951]

that what i'd call things to complicate things.

Fair do's. I found when I was writing wills, though, that sometimes people didn't realise that their situation was complicated. The two usual urban myths were:-
- after six months we are common law husband and wife so everything goes to each other anyway even though we aren't married
- children from a previous marriage or relationship are treated just the same as children of this relationship.

When a straightforward will costs a couple of tanks of petrol, IME it's a sensible precaution to have someone with a contractual duty to ask the proper questions and produce the right wording.

 

[laurence]

we bought a diy kit

after deciding current solicitor written ones were not what we wanted now a few years later

but the solicitor writes what you tell them... the diy ones are fine, but are easier to challenge. all you need is a slightly badly worded attestation clause or revocation and the whole thing is worthless. with a solicitor you can always sue them if they mess up.

some charities have free schemes, although most take place in November. worth looking at a few charity websites for details.

 

[MontyVeda]

...

When a straightforward will costs a couple of tanks of petrol, IME it's a sensible precaution to have someone with a contractual duty to ask the proper questions and produce the right wording.

good point well put.

Avoid the online Will writers though, regardless of how affordable they are.

 

[asterix]

Getting a will written-how do I choose who to write it?

Choose someone who is a lot a lot older than you with a lot of money and no family. Make sure they like you.