Forum Topic

Last Will and Testament.

I have no plans to go anywhere yet but, I am preparing my Will for a future date. Would anyone with a knowledge of making Wills be able to inform me if the following part of the Will is in order and makes sense. For obvious reasons I have blanked out personal details.                                                                                                                                        "A one-hundred percentum share of my Estate to be divided between the following six persons and in the following amounts. A 20 percent share to my daughter J. ????????? a 20 percent share to my daughter C.??????? A 20 percent share to my daughter K. a 20 percent share to my daughter T, a 10 percent share to my grandson D.???????,a 10 percent share to my granddaughter E.????????"                                                                                                                                                                                            I know the rest of the Will is in order.

Neil Milkins ● 1417d15 Comments

I'm not an expert, but it seems fine as far as it goes.  However, you should consider the possibility of one of the beneficiaries pre-deceasing you.  In which case, I'm not sure what happens to the 20 or 10 percent assigned to them (assuming that you don't change your will as a result of that pre-decease).  You may want to consider something along the lines of: "100% of my Estate to be divided amongst those of the following who survive me, with 2 parts to J, 2 parts to C, 2 parts to K, 2 parts to T, in part to D and 1 part to E" (the actual wording probably needs to be tighter!).  That way, if one pre-deceases you, the inheritances of the survivors remain in the same proportions to each other as in your text, but the actual percentages change appropriately without the need to make any changes to the will.  Also - have you made any other gifts in you will, however small, prior to this division?  If so, then you should probably use the term "Residual Estate" rather than "Estate" to ensure that there is no confusion.  Best to take expert advice!

Andrzej Kowalski ● 1417d

When my son and heir and I were planning to take a long-distance flight together, I checked with the lawyers and we amended my will to say that to inherit he needed to survive me by a period of one month - in the event that he did not do so, then alternative arrangements were specified. I believe the legal presumption if two members of a family die in the same incident such as an air crash is that the oldest died first, so without such a clause my estate would have passed to whoever my son had named in his will. I would suggest that Neil should put something similar about his beneficiaries surviving him in his will. I thought I could write a satisfactory will myself, but when  I showed my draft to my solicitors they had some useful additions and clarifications, so I would recommend doing the same.

Richard Greenhough ● 1417d

I agree Richard. There are some good local solicitors who an help and are reasonable.

Stewart Jones ● 1417d

Really  recommend getting professional advice on this. Wills are a nightmare with so many unforeseen eventualities needing to be written in and provided for. My father wrote his own and it was a nightmare to unravel.  Gervase Harson is your man. Comes highly recommended on this forum.

Sean Wales ● 1417d

Really  recommend getting professional advice on this. Wills are a nightmare with so many unforeseen eventualities needing to be written in and provided for. My father wrote his own and it was a nightmare to unravel.  Gervase Harson is your man. Comes highly recommended on this forum.

Sean Wales ● 1417d

Thanks everyone.I think a solicitor may be the best plan of attack. Keep well everyone.

Neil Milkins ● 1417d

Whatever you  do, don't appoint a solicitor as your Executor. That'll entitle them to put your Will through probate, and they'll charge heftily.

Roger Talbot ● 1415d

If a person dies that has both property and financial accounts then it's my understanding from the gov info sites that probate is needed regardless.  Plus , savings accounts , as I found out , that each of our high street banks and building societies operate their own internal set amounts as to whether they will release funds to an executor without or with probate. They also raised them during covid and not sure if they have brought them down back again. So even if a person passes has no property or share in property and only has 1 savings account at Halifax say, at 30k.  If their internal bar is 25k then they wont release funds until presented with that probate document

Andrew Craig ● 1415d

You can name a family member as your executor along with a solicitor, then the family member can decide which elements of the work they can handle and instruct the solicitor to do the rest. That also means that the beneficiaries have the ability to involve the solicitor if they are unhappy with the work of the family member. Executors can also be beneficiaries themselves. What you must not do is ask a beneficiary to witness the signing of your will as that would invalidate their rights to inherit.

Richard Greenhough ● 1415d

Good advice Roger.Solicitors will even have the cheek to charge you to have them removed as executors in the case all beneficiaries agree they can do probate themselves.

Will Watson ● 1415d

Personal effects, treasured possessions  can a source of contention among families.. You need to decide who gets what and you need to try to be clear and fair. Also nice to leave something to charity and true friends who have stood by you, or those in need who might really benefit. You don’t want people falling out over these matters, not a good legacy. Get a lawyer.

Susan Engel ● 1414d

Three observations.    1.  It makes sense to leave round sum amounts [they are reduced in proportion - if there is insufficient funds] and not use percentages.    Percentages involve extra work.  Lawyers just love percentages, as they cost more to administer in both time and in money.2.  Joint accounts are auto-excluded from the Estate.  The survivor takes the whole residual balance.  Thus joint accounts very useful in emergency or as short-term funding; survivor can access funds at Bank or at Build. society etc.    3.  Be decisive about things that cannot be split: e.g. Jewellery, furniture and objects.

Peter Crowther ● 1414d

Naming actual sums rather than percentages means that the will must constantly be updated as the testator's wealth goes up or down.

Susan Kelly ● 1414d

That's right Will. And if they do the probate, they have to add VAT to their hefty bills. Unless it's a complicated Will. most people should be able to do the probate work themselves.

Roger Talbot ● 1414d

Perhaps give people personal items while you are still alive.  See the pleasure they give them.

Maggie Dodge ● 1412d