When to write a will?

[Matthew_T]

Inspired by dellzeqq's thread.

When should you write a will and does it have to be a legal document? Can you not just write it and then put it somewhere safe?

I am almost 19 now but everyday I go out on my bike. It is always a danger on the roads and reading threads on here about when a cyclist is knocked down, really brings it to home how dangerous it is on the roads. So I have been contemplating writing a will as I have a number of things which I would like to happen if I were to get knocked down one day (touch wood).

 

[vernon]

Have a read of this first and then decide if you need to make a will now.

 

[laurence]

if it is a Will (as in, one of the 'home made' jobs) and executed correctly, then it is a legal document.

for it to be executed correctly it needs to have 2 people witness you signing it at the same time (they need not know it is a Will) and they then need to sign it to attest to your signature. this is the all important attestation clause.

there may be a problem with claims of lack of capacity in such a Will. Capacity is that you knew you were executing a Will and knew of its contents and any actions the Will may bring (disinheriting a relative, etc). if you have the Will executed by a solicitor their notes on the meeting can vouch for your capacity.

there is always the chance of a home-made Will bringing a case of undue influence by disgruntled relatives, again, easier to disprove if professionally executed, although undue influence is a hard one to prove.

other things to consider... you cut a blood relative out of your home-made Will. you have an accident and your relatives look through your papers in the house and find the Will. the one who found it is the person cut out... if they destroy the Will, then they will inherit under intestacy.

it can be well worth the money having a solicitor execute the Will and store it, just let next of kin know where it is stored. you can keep a copy at home.

hope this helps

 

[paddy01]

Not commenting from a position of legal knowledge, however.

I never felt the need for a will until we had a child. And then it's more as a means of expressing our wishes for his continued upbringing should we both shuffle off at the same time rather than disposal of our estate which, as for most, will be a simple matter.

The union of which I'm a member for work have a free will service whereby we fill out the questionaire, it then gets drafted as a will and put before solicitors etc. for approval and becomes a legal document, which they store and, often, are also named as one of the executors. Might be worth investigating whether there are any free will services available to you.

 

[biggs682]

sooner the better

 

[Matthew_T]

other things to consider... you cut a blood relative out of your home-made Will. you have an accident and your relatives look through your papers in the house and find the Will. the one who found it is the person cut out... if they destroy the Will, then they will inherit under intestacy.

I dont have any blood relatives that I would keep out of the Will.

 

[simon.r]

You say "...as I have a number of things which I would like to happen..."

If by this mean you mean things you'd like done by friends and relatives (as opposed to leaving possessions to people) I'm not sure if a will is the right place for this? I'm thinking of things like "scatter my ashes in a particlar place" or "get everyone to wear pink at my funeral".

I'd imagine that almost anything (letter / note) indicating your wishes would be acted upon by your friends and family without the need for a will.

Above is said with absolutely no legal knowledge, just coming at it from a different angle.

 

[Matthew_T]

You say "...as I have a number of things which I would like to happen..."

If by this mean you mean things you'd like done by friends and relatives (as opposed to leaving possessions to people) I'm not sure if a will is the right place for this? I'm thinking of things like "scatter my ashes in a particlar place" or "get everyone to wear pink at my funeral".

I'd imagine that almost anything (letter / note) indicating your wishes would be acted upon by your friends and family without the need for a will.

Above is said with absolutely no legal knowledge, just coming at it from a different angle.

You are on the right lines. I have no estate or items of major value so it is more to do with specific things, i.e. People I want to be at my funeral, things which I want to donate to a number of charities, things which need cancelling, stuff that I want people to do with their lives.
I would probably include a paragraph entailing what a short life I have had and something else along those lines.

I have given the matter a great deal of thought and have come to the conclusion that I lead a very dangerous lifestyle and that it would be beneficial if I have some sort of Will like document if the worst happened.

 

[vernon]

I have given the matter a great deal of thought and have come to the conclusion that I lead a very dangerous lifestyle and that it would be beneficial if I have some sort of Will like document if the worst happened.

You are Adrian Mole and I claim my five pounds.

 

[Matthew_T]

You are Adrian Mole and I claim my five pounds.

Well I have those sort of opinions but I cannot see myself writing a diary.

For the record, I have written a book and I am sure it would make that statement even more true.

 

[rikki]

Who will get the royalties from your book for 70 years after you die?
You need a will.

 

[EltonFrog]

The best time to write a will is before you die.