Will I, or wont I?

October 3, 2007 4:38 PM

I realise that you are not my lawyer, and that this is not legal advice. I promise not to sue you. But I'd like some advice on wills.

I have very very little knowledge about wills, and lots of questions. I'm in good health, under 30, in the UK. No children, never will be. My estate is worth hardly anything.

1. Are those "will kits" you can buy from pretty much anywhere worth the paper they're written on?


2. Is it worth creating a living will? I have some idea of the quality of life I do and don't want.


3. Is it worth going to a lawyer to have one drawn up? What would be the benefit to doing so?


4. What if I win the lottery or something - how easy would it be to change a "kit will"?


5. Do I need to worry about power of attorney? What is it, for that matter?


6. Who do I need to tell about the will? Friends, family, etc?


7. Any tips on broaching the subject with said friends and family, all of whom have an "ignore it and it'll go away" attitude towards death?


8. How do I choose an executor?

I realise that that is quite a long list of questions, and I appreciate you answering any of them.

posted by Rabulah to law & government (6 comments total)

I don't know UK law, so the only thing I can speak on is your question 8. An executor should be someone who is extremely responsible and honest, trustworthy, fair with money, mature, and fairly wise to the ways of the world. They need NOT be a lawyer, or know all about wills, or be an accountant or an economist, or some such. They should be someone you reasonably expect to be alive when you die, of course, so grandma is a bad choice. That is the advice my trusts and estates lawyer gave us in law school, and I'm reasonably confident the same would apply in the UK. If it doesn't of course, I welcome correction.

Personally, I don't think anyone other than a spouse, kids, parents or REALLY close sibling would ever be told anything about my end-of-life planning or testamentary decisions. That may be a personal preference on my part.
posted by bunnycup at 4:44 PM on October 3, 2007

1) I don't know.

2) If you do, be sure your primary physician knows about it. Specifically ask if there are circumstances under which it will be overruled. I think part of this question hinges on your age and health, stuff that are none of my business.

3) If you don't have a will, your personal and real property will be divided according to the law in your jurisdiction. For example, I live in a community property state, which means my property would be split between my husband and kids. Because we own a house, my husband would own 3/4 of it (his half plus half of what had been my half). If you don't like the way the courts would split it up, you need a will.

4) Pretty easy. You have whoever helped you draw up the original document write a "codicil", or amendment.

5) Power of attorney is permission for someone to do things on your behalf. It can be limited ("I authorize John Doe to go to the License office and buy my car tags/run my apartment complex in my absence/withdraw money from my bank account for the purpose of paying my bills while I am on extended holiday") or general. Be careful on the latter, because they can't really be revoked. I would not worry about it unless you honestly think you may become too physically or mentally incapacitated to function.

6) Ask the advice of the person who helps you with the document itself. Even if you get a "will in a box" kit, there should be some guidance. After all, what good is a will nobody knows about?

7) Registered letter?

8) It needs to be somebody you trust to actually distribute your worldly possessions according to your wishes. You may be able to pay an attorney to do this for you.

IANAL, everything I know about contract law I learned the hard way.
posted by ilsa at 5:11 PM on October 3, 2007

My answer to your question is that it isn't in your best interest to do something this important half-assed. Because if you half-ass this, the odds that you won't half-ass and forget to rewrite the will upon your lottery win, and will be stuck with the kit will are pretty good. I used to be pretty half-assed about a lot of stuff and that's how I was.

At least in the U.S., good attorneys will not charge you too much to get it done. Find a lawyer who is a friend that you know who doesn't do this kind of work. Ask that person to provide you with the name of a solicitor who does a good job at these sort of things. You will be likely referred to a cost-effective and skilled attorney. Most of it is boilerplate, but as was pointed out a couple of days ago in the last thread on this subject, its knowing what boilerplate to put in that counts.

A few mistakes up top. Get advice from a real solicitor, your family is going to thank you for the decision. The better that this stuff is put together, the less strain will be on these people. That's how I would pitch it, because the truth is that these moments cause a lot of problems for families and can cause extremely deep, occasionally ungulfable rifts in people who used to love one another a lot.

Disclaimer--I'm not your lawyer and this is non-legal advice. Just common sense, I promise.
posted by Ironmouth at 6:42 PM on October 3, 2007

1. I've known people who have used divorce kits, so my guess is that if your will has any special complications (care of young children especially) I would get a lawyer.

2. Defer to Ilsa.

3. A lawyer will cover alot of detail you won't think of. For instance, what if you and your wife are both killed in an accident? What happens to your clothing if neither your family nor friends are the same gender as you?

4. Defer to Ilsa.

5. I'll be more specific -- if you have early stages Alzheimer's, Schizophrenia, or any such physically or mentally degenerative diseases, and you do not have a spouse, you should organize a power of attorney.

6. Defer to Ilsa.

7. If you have small children, then you could start with that. Even folks with a "hear no evil" attitude will understand that you need to protect the interests of your children in case of death.

8. Absolutely not anyone who will be close to the beneficiaries. He/she will need to be objective, steadfast, fair, and compassionate all at the same time. That person in your life who always seems to do the things you ask him/her to. Or a lawyer, as Ilsa suggests.
posted by Greebie at 6:58 PM on October 3, 2007

I would add to #8 that someone who is assertive on behalf of the estate would be ideal. I was just involved (as a minor beneficiary) in a probate for a complicated estate that took more than two years to settle, largely because (in my opinion) the executor never picked up a phone to ask various attorneys, etc., why things weren't moving along.
posted by maxwelton at 8:20 PM on October 3, 2007

My answer to your question is that it isn't in your best interest to do something this important half-assed.

I am a solicitor. Not yours. This isn’t legal advice.

The above is wisdom indeed. Retain a solicitor. A will is likely to cost no more than a couple of hundred pounds. If you do win the lottery you will retain professional financial advisers. You will be all but forced to make arrangements for after your death. Consult a solicitor. The Law Society holds a register of practitioners in your area with the appropriate expertise.
posted by dmt at 3:22 AM on October 4, 2007