Making a Will

[Maisie]

If this is in the wrong place I apologise.

I am thinking about making a will. I probably should have done it before now!

Is it a good idea to write your own without the aid of a legal person? I don''t have a lot but my jewellery is expensive and I want to make sure my girls get it. I don''t want my mother or sisters to take it. When my grandmother died my aunt came in and took all of her jewellery and left my mother with nothing to remember my grandmother by.

I also want to ensure that my sister doesn''t try to get my little boy if anything should happen to me or my husband. James may always need care and I don''t want my sister''s husband anywhere near him. I would like to have it in my will that if my husband and I die that my two eldest children should take care of James. My eldest son is 19 now so he would have overall responsibility till my daughter is 18, then they would share.

I just wondered how many people made their own will without a lawyer or if I should do it legally.

Sorry for such a miserable subject

 

[Rhea]

My parents and I always talked about this quite a bit. My grandmother picked out her spring/summer burial outfit this past weekend. If she dies in Autumn/Winter it''ll need to be reconsidered. My point, it''s not a horrible subject, but a necessary one. My dad''s family has proven time and time again why wills are so important.

Several of the laywer''s offices around my area are advertising that they do a basic will for £50. Some charities also have days where they do wills for a donation to the charity. If it''s just the basics that you want covered, I''d start there. I think a will is important enough that you should get guidance on it from a professional.

 

[Hudson_Hawk]

Masie,
I would seek professional help for this. Estate planning is so much more than just a will...

HH

 

[purrfectpear]

For something as complex as guardianship (which has a little more importance than just passing on material goods) I would definitely use a lawyer, not a DIY will.

 

[Kaleigh]

You'll need a lawyer for sure. There are complex issues at hand. You'll need to have them ironed out by a professional. I have been through estate planning after my grandparents passed. And Hubby and I just updated our wills. My last one had my brother in it, and he died ages ago. Never a fun thing to delve into, but has to be taken care of. I am glad we finally got around to updating our's.

 

[Pandora II]

Definitely get it drawn up by a lawyer - should cost more than £150 at most.

It''s not worth the risk of it being done wrong. Your husband should make one at the same time.

 

[LaraOnline]

I would take notes, for sure, particularly if you have separate items to go specifically to particular people, but I would DEFINITELY get the will drawn up by a professional..

Powers of Attorney (where you decide who will take care of your financial issues whould you be incapacitated, but not dead) is also an important aspect of drawing up a will.

Who will you set as the ''overseer'' of the will?
Lots of poeple choose to have two people do this... my mother has given all of that to my sister, which I don''t think was particularly fair... tbh I''m dreading it, and not expecting a fair outcome to my mother''s will.
(She always was the favourite, lol)

My own f-i-l forgot to sign his will, apparently he had no idea that by forgetting to sign the document, it was not valid!!! Caused my m-i-l no end of trouble!!

 

[whitby_2773]

hi maisie

i agree with all those who suggest a professional help you on this. tim''s side of the family is ''lawyer heavy'', so my mother in law made up my will; it''s 23 pages long!!

however, something i''d consider is also leaving a living will - a video''d will as an addition, to cover things like life support in case of an accident and so on. my m-i-l suggested we do this, as they are virtually impossible to contest and are particularly useful on items that might cause contention within your family, such as custody and so on.

(hope you had a lovely weekend!)

 

[kittybean]

Maisie, please do seek legal help in making your will. As has been said, guardianship is complicated, and you want to make sure James is in good hands should anything happen to you. There are many will formalities that must be properly carried out if a will is to be valid, and I wouldn''t want to risk making a mistake. It may also be in your best interest to have a lawyer or other neutral institution named as your will''s executor, to avoid the situation that Lara described with her sister.

Also, have you thought about a trust? It can save your survivors the trouble of going through probate and some of the associated costs. I would definitely explore "will alternatives" with a lawyer. Please do think about who will have power of attorney should you become seriously incapacitated.

 

[Dancing Fire]

you should do a will + a revocable trust.

 

[Maisie]

Thank you for the advice everyone. I will go and see a lawyer and have it done properly.

 

[LaraOnline]

Date: 4/27/2009 1:08:45 AM
Author: Dancing Fire
you should do a will + a revocable trust.

What is a revocable trust? Is it the same as a normal family trust?

 

[Lorelei]

Definitely a solicitor Bruddah.

 

[studyer83]

For people in the states,

Although an attorney is helpful they are not absolutely necessary. There are lots of books and other ways to learn the formalities. But it is true that certain words (per sterpes, etc) mean different things in different jurisdictions and can drastically change the meaning of the document.

Also, there are some things you absolutely do not need an attorney for, such as a living will:

Georgia form
North Carolina form

These are examples, but most states have a statutory form.

Your families will appreciate your taking care of these important steps.