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If you were me would you have a will ?

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john mayfield

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Mar 4, 2010, 10:20:53 AM3/4/10
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I keep hearing that I should write a will. I'm 65 years old , living in a
small terraced house in North London (u.k.) together with wife 61 years old
and son 29 years old.

The house is worth about just under 300K which is below the inheritence
threshold and is owned jointly (tenants in common) with my wife. My total
savings are small.

When I die I would wish to leave it all the wife, and any amount to my son
that enables him not to pay any inheritance tax.

I guess thats a fairly common kind of family situation, without any
additional complications; so I thought it would be fairly easy to get advice
on how to write a will.

On google I can get up to 7 million returns on my searches, but everyone
I've looked at wants to make money out giving any advice. With plenty of 'a
bad will is worse than no will' kind of suggestions, thrown in.

Is the advice that you *should* make a will really applicable to someone
like myself? What would be any advantages to having a will?

The nearest I have got so far to creating one is a bit of information I
picked up, which says I can just write out roughly as follow:

----------------------------------------------------------------------------

This will 'dated' .........by 'john........' of 'address'......

I revoke all earlier wills and Codicils.

I appoint as my executor and trustees my wife 'name'........ and my son
.......

I give my Estate and Possesions to my wife ............

If she does not survive me I give my Estate and possisions to my son ......

Signed by ............. John 'my name'

In our presence and attested by us in his presence and in the presence of
each other.

Witness 1. signature......., full name ...... address......occupation......

Witness 2. signature......., full name ...... address......occupation......

----------------------------------------------------------------------------

Is this really all I need to do? In fact in my situation do I really even
need to do this? Thanks for any advice.


Bert Hyman

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Mar 4, 2010, 10:29:19 AM3/4/10
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In news:hmoj4s$uf8$1...@news.eternal-september.org "john mayfield"
<mayfi...@mail.invalid> wrote:

> When I die I would wish to leave it all the wife, and any amount to my
> son that enables him not to pay any inheritance tax.

> ...


>
> Is the advice that you *should* make a will really applicable to
> someone like myself? What would be any advantages to having a will?

Around here, there are laws which prescribe what happens to property
when someone dies without a will; it's almost certainly the case where
you live.

Since you have some specific ideas about how you want your assets
distributed, you might investigate what your local laws say, and if they
don't match your wishes, you'll need a will of some sort.

--
Bert Hyman St. Paul, MN be...@iphouse.com

Mrcheerful

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Mar 4, 2010, 10:34:01 AM3/4/10
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for the pittance that you will be charged (about 75 quid) it is best to have
you and your wife's wills made up professionally, they will think of aspects
that you would not think of in a million years. and it will speed
everything up when you go.


richard

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Mar 4, 2010, 10:34:55 AM3/4/10
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Here in the states, the will is basically a directive for the probate
court. Without one, the court then has to figure out who gets what.

What you should do is, spend a little time in the local library and see how
wills are written. Also find out how the law treats estates when no will is
present. In many cases, the estate is given to the surviving spouse
automatically, then to any heirs.

You may also be able to find "kits" for the UK at a local book store.

Unless what you find on the internet is from a bona fide legal firm, I
wouldn't do business with them.

Aardvark

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Mar 4, 2010, 10:35:32 AM3/4/10
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On Thu, 04 Mar 2010 15:20:53 +0000, john mayfield wrote:

> I appoint as my executor and trustees my wife 'name'........ and my son

I'm not so sure that beneficiaries of a will can be appointed executors.
Conflict of interest and all that.

HTH

--
"I can tell you how to become a millionaire in as much time as it takes
a woman to have a baby. One catch: the nine-month plan ends in a funeral."
Ice-T

John Turner

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Mar 4, 2010, 10:38:08 AM3/4/10
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"john mayfield" wrote

> I keep hearing that I should write a will.

It cost me just �70.00 to have a solictor draw up a (fairly complex) will
for me.

I think that's good value for money & if you can get a similar deal I'm sure
it would be money well spent.

As an aside it might make some sense to leave everything to your wife
(assuming she outlives you) as there is no tax liability on transfers
between married couples, and for her to make a small (and possibly annual)
settlement with your son.

Of course if she dies before you then everything will go to your son, and
you ought to specify that in a will.

John.


John Turner

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Mar 4, 2010, 10:45:23 AM3/4/10
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"Aardvark" wrote

> I'm not so sure that beneficiaries of a will can be appointed executors.

They most definitely can be appointed as executors, and they are on my will
and were on my late father's.

John.


Aardvark

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Mar 4, 2010, 11:01:25 AM3/4/10
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Okley-dokley. I'll take your word for it, strange as it seems to me.

The Todal

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Mar 4, 2010, 11:11:12 AM3/4/10
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"john mayfield" <mayfi...@mail.invalid> wrote in message
news:hmoj4s$uf8$1...@news.eternal-september.org...
>

>
> Is the advice that you *should* make a will really applicable to someone
> like myself? What would be any advantages to having a will?

Predictably, everyone tells you that you should have your will drawn up by a
solicitor, that this will cost you hardly anything and that it will be money
well spent.

I'd say, do it yourself. There are will-making kits available from WH Smith.
The draft you prepared (and you quoted in your post) seems fine. It does
save your beneficiaries and executors time and trouble and probably money,
to have a will that they can take to probate instead of having to apply the
intestacy rules.

Those who have complex bequests to make and huge estates that require
careful tax planning, probably ought to go to a solicitor to have their
complex wills drawn up.


Martin

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Mar 4, 2010, 11:11:23 AM3/4/10
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"john mayfield" <mayfi...@mail.invalid> wrote in message
news:hmoj4s$uf8$1...@news.eternal-september.org...
>

Yes - you should make and sign a will a.s.a.p.

Given your simple wishes, a will is very straightforward, and what you've
drafted above is almost all you need. Clarity and simplicity are the key
things. Lawyers often seem to charge to obfuscate.

I would suggest....

1. Name one executor & trustee, then add "if s/he is unable or unwilling
to act, I appoint [ the other one ] to act in his/her place.

2. Add a bit about any funeral preferences, unless you've dealt with this
elsewhere.

3. Insert "... not survive me by 30 days [ say ] I give the whole of my
estate to ..." [ omit "possessions" here, and in the previous sentence ]

4. Add "signed on the ... [ date ] by ... immediately before your
signature. (No need for a date at the start.)

5. Ensure neither witness (nor their close family) is a beneficiary or an
executor.

6. Although each witness must see you sign (and usually sees each other
sign) there is no need for them to see the contents of the will - so cover
that bit up if you prefer.

7. Put it somewhere safe and make sure the executors know where to find
it, when needed.

8. Do the same for your wife's will (inverse, obviously)

9. If in any doubt, you can buy a "DIY Will" book for a tenner or so.
Such books usually cover probate, too, so buy it anyway, for when your
executor needs it.

Sounds like you're well below the IHT threshold (and which I doubt will
reduce after the election).

No IHT when estate goes to spouse. And double allowance upon 2nd death.

HTH

--
Martin

richard

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Mar 4, 2010, 11:18:15 AM3/4/10
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On Thu, 4 Mar 2010 16:01:25 +0000 (UTC), Aardvark wrote:

> On Thu, 04 Mar 2010 15:45:23 +0000, John Turner wrote:
>
>> "Aardvark" wrote
>>
>>> I'm not so sure that beneficiaries of a will can be appointed
>>> executors.
>>
>> They most definitely can be appointed as executors, and they are on my
>> will and were on my late father's.
>>
>> John.
>
> Okley-dokley. I'll take your word for it, strange as it seems to me.

That would, of course, be in compliance with local jurisdiction laws.
I think it is more of tradition that an executor not be an heir.

tim....

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Mar 4, 2010, 11:35:23 AM3/4/10
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"Aardvark" <aard...@youllnever.know> wrote in message
news:hmok04$mj6$2...@news.eternal-september.org...

> On Thu, 04 Mar 2010 15:20:53 +0000, john mayfield wrote:
>
>> I appoint as my executor and trustees my wife 'name'........ and my son
>
> I'm not so sure that beneficiaries of a will can be appointed executors.
> Conflict of interest and all that.

It's perfectly legal, and quite normal for the major beneficiary to be
appointed executor,.

tim

Ret.

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Mar 4, 2010, 11:43:28 AM3/4/10
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I wrote wills for my father and for my mother-in-law. They both sped through
probate without a single problem. I have also written wills for myself and
my wife and for my children.

For people with simple affairs, wills are straightforward and easy to
prepare. �75 for drawing one up (often simply adding personal details to a
ready-prepared template) is outrageous.

Kev

Ret.

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Mar 4, 2010, 11:45:04 AM3/4/10
to

Indeed. The thing *not* to do is appoint your bank or solicitor to be an
executor. If you do - then they end up being the biggest beneficiary of the
will!

Kev

Ret.

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Mar 4, 2010, 11:46:27 AM3/4/10
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I agree 100%. Simple wills for those with simple financial affairs are
simplicity itself to draw up - and they are just as valid as those prepared
by solicitors and will-writers.

Kev

Bod

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Mar 4, 2010, 11:46:51 AM3/4/10
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Why? How can they justify that?

Bod

tmclone

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Mar 4, 2010, 11:46:50 AM3/4/10
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On Mar 4, 10:35 am, Aardvark <aardv...@youllnever.know> wrote:
> On Thu, 04 Mar 2010 15:20:53 +0000, john mayfield wrote:
> > I appoint as my executor and trustees my wife 'name'........ and my son
>
> I'm not so sure that beneficiaries of a will can be appointed executors.
> Conflict of interest and all that.
>
Of course they can (I'm in the USA). My mother was the executor for my
father's estate in NC and I am the designated executor for hers in NY,
when the time comes. I was elected because I'm local and my siblings
are not.
Since you have to provide documentation of all assets and their
disposition to all beneficiaries as well as the gubmint (taxes),
"conflict of interest" is irrelevant. If you fail to discharge your
duties as executor you could be
successfully sued by the other beneficiaries. Unless the estate is
huge and/or very complicated the executor just has a ton of paperwork
to sign and file. Having a lawyer or other paid person acting as
executor is expensive and unnecessary for most estates. That said,
every adult should have a will. Period. It will save tons of time and
money. Otherwise your estate will have to pay attorney fees and have
an extended probate period.

Aardvark

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Mar 4, 2010, 11:52:31 AM3/4/10
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On Thu, 04 Mar 2010 16:46:51 +0000, Bod wrote:


>> Indeed. The thing *not* to do is appoint your bank or solicitor to be
>> an executor. If you do - then they end up being the biggest beneficiary
>> of the will!
>>
>> Kev
> >
> >
> >
> Why? How can they justify that?

The same way banks and solicitors justify everything they do.

Ret.

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Mar 4, 2010, 12:03:43 PM3/4/10
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Because they are rip-off merchants. I tried to find a recent newspaper
article on the scandal but can't. This blog entry is pretty accurate
however:

"Well, I do know that one Bank charges 4.5% for the first �100,000, then
3.5% for the next �400,000, then 1.5% of the balance, �300 for each
beneficiary and �50 for each asset over �50.
So, if the estate was only worth �200, 000 say, it would have cost over
�8,000 with that Bank and I'd imagine that most would be much the same. That
might give you some idea."

Outrageous or what? Having executed two wills in recent years, the amount of
work required (for simple financial affairs) is not a great deal.

Kev

Big Les Wade

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Mar 4, 2010, 12:05:01 PM3/4/10
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john mayfield <mayfi...@mail.invalid> posted

>I keep hearing that I should write a will. I'm 65 years old , living in a
>small terraced house in North London (u.k.) together with wife 61 years old
>and son 29 years old.

You should make a will so that (i) there is no doubt about what happens
when you die, thus saving everybody time and expense (ii) you don't
leave stuff to people you don't want to have it, which might happen if
you die intestate.

>The house is worth about just under 300K which is below the inheritence
>threshold and is owned jointly (tenants in common) with my wife. My total
>savings are small.
>
>When I die I would wish to leave it all the wife, and any amount to my son
>that enables him not to pay any inheritance tax.

If you leave your half of the house to your wife there won't be any
inheritance tax.

Think carefully before leaving any substantial legacy to your son. Your
wife may need all the cash she can find when she gets to old age.

snip


>Is this really all I need to do? In fact in my situation do I really even
>need to do this? Thanks for any advice.

It's pretty much OK. Do it, perhaps with the minor mods suggested by
others.

--
Les
Criticising the government is not illegal, but often on investigation turns out
to be linked to serious offences.

Bod

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Mar 4, 2010, 12:11:17 PM3/4/10
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Yes, outrageous is the word.

Bod

Rod Speed

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Mar 4, 2010, 12:14:31 PM3/4/10
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john mayfield wrote:

> I keep hearing that I should write a will. I'm 65 years old , living in a small terraced house in North London (u.k.)
> together with wife 61 years old and son 29 years old.

> The house is worth about just under 300K which is below the
> inheritence threshold and is owned jointly (tenants in common) with my wife. My total savings are small.

> When I die I would wish to leave it all the wife, and any amount to my son that enables him not to pay any inheritance
> tax.

Thats a bit unspecific. Not clear if you mean that you actually want
to leave as much as you can to your son so that he doesnt have to
pay any inheritance tax and the rest to your wife or what.

If that is what you want to do, you will need a will because
dying intestate wont necessarily deliver that result unless
your wife is prepared to do exactly what you want, and
its unclear whether you wife operates like that or not.

And you really need to think about what you want to do if your
wife dies before you too. Presumably you want the son to get
the lot, even if that does mean he has to pay some inheritance tax.

> I guess thats a fairly common kind of family situation,

It isnt that common that the son still lives with the parents at that age.

> without any additional complications;

There always are a few, like whether your wife
agrees with the detail of what you want to do or not.

> so I thought it would be fairly easy to get advice on how to write a will.

Yes, it should be.

> On google I can get up to 7 million returns on my searches, but everyone I've looked at wants to make money out giving
> any advice.

Sure, but there are plenty who dont want any money too.

> With plenty of 'a bad will is worse than no will' kind of suggestions, thrown in.

Thats radically overstated with a situation as simple as yours.

> Is the advice that you *should* make a will really applicable to someone like myself?

Thats not completely clear given that you havent provided
all the information needed to answer that question.

If you are completely confident that your wife will do what you want
you dont really need a will, particularly if you dont care if your son
does have to pay some inheritance tax if your wife dies before you
and there is no real chance of you dying with rather more assets
than you have now and the inheritance tax level isnt changed.

> What would be any advantages to having a will?

The main one is that you would not then depend
on your wife agreeing with what you want to do.

> The nearest I have got so far to creating one is a bit of information
> I picked up, which says I can just write out roughly as follow:

It makes more sense to start with a free will kit for your country.

> ----------------------------------------------------------------------------
>
> This will 'dated' .........by 'john........' of 'address'......
>
> I revoke all earlier wills and Codicils.
>
> I appoint as my executor and trustees my wife 'name'........ and my
> son .......

You really need to allow for what happens if they die before you
unless you dont care if the state gets all your money in that situation.

> I give my Estate and Possesions to my wife ............

> If she does not survive me I give my Estate and possisions to my son
> ......

That doesnt do what you say at the top with your
son unless the statement at the top is badly worded.

> Signed by ............. John 'my name'
>
> In our presence and attested by us in his presence and in the
> presence of each other.
>
> Witness 1. signature......., full name ......
> address......occupation......
> Witness 2. signature......., full name ......
> address......occupation......
> ----------------------------------------------------------------------------

> Is this really all I need to do?

Yes if you are happy with that quite different distribution to the one at the top.

> In fact in my situation do I really even need to do this?

Not really except if you want to say who gets everything if both your wife and your son die before you do.

> Thanks for any advice.

Even advice to shove your head up a dead bear's arse ?


Rick

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Mar 4, 2010, 12:19:09 PM3/4/10
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john mayfield wrote:
> I keep hearing that I should write a will. I'm 65 years old , living in a
> small terraced house in North London (u.k.) together with wife 61 years old
> and son 29 years old.
>
> The house is worth about just under 300K which is below the inheritence
> threshold and is owned jointly (tenants in common) with my wife. My total
> savings are small.
>
> When I die I would wish to leave it all the wife, and any amount to my son
> that enables him not to pay any inheritance tax.

...

Yes you should make a will, but consider if you and wife die at the
"same time", e.g. car accident. To avoid forcing son to pay larger
inheritance tax than he can afford (before perhaps selling the main
asset, namely the house) you could with a lawyer's help, consider
putting the house in a trust.

Rod Speed

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Mar 4, 2010, 12:23:12 PM3/4/10
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Nope, not in that soggy little island.

> and have an extended probate period.

That wont necessarily matter tho since the beneficiarys just keep living in that house till its done etc.


Ophelia

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Mar 4, 2010, 12:32:31 PM3/4/10
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"Rod Speed" <rod.sp...@gmail.com> wrote in message
news:7va844...@mid.individual.net...

OH come on!!! People like that chap come to uk.legal expecting help and
advice. That was uncalled for:(

--
--
https://www.shop.helpforheroes.org.uk/

Aardvark

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Mar 4, 2010, 1:04:43 PM3/4/10
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On Thu, 04 Mar 2010 17:32:31 +0000, Ophelia wrote:

>>> Thanks for any advice.
>>
>> Even advice to shove your head up a dead bear's arse ?
>
> OH come on!!! People like that chap come to uk.legal expecting help and
> advice. That was uncalled for

He was only trying to obtain clarification of a statement made by the
previous poster.

What's wrong with that?

You're not afraid that the previous poster might actually try to follow
that hypothetical advice, are you? Here in the UK it's very difficult to
acquire bears, dead or otherwise, and so if the advice was taken,
hypothetical or otherwise, its implementation would be nigh on impossible.

No ursine mammals were harmed in the writing of this post.

Rod Speed

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Mar 4, 2010, 1:37:14 PM3/4/10
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Ophelia wrote
> Rod Speed <rod.sp...@gmail.com> wrote
>> john mayfield wrote

>>> without any additional complications;

>> Yes, it should be.

>>> ----------------------------------------------------------------------------

>>> Thanks for any advice.

And he got that.

> That was uncalled for:(

That was a joke, Joyce.


Ophelia

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Mar 4, 2010, 1:39:26 PM3/4/10
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"Aardvark" <aard...@youllnever.know> wrote in message

news:hmosnr$42k$1...@news.eternal-september.org...


> On Thu, 04 Mar 2010 17:32:31 +0000, Ophelia wrote:
>
>>>> Thanks for any advice.
>>>
>>> Even advice to shove your head up a dead bear's arse ?
>>
>> OH come on!!! People like that chap come to uk.legal expecting help and
>> advice. That was uncalled for
>
> He was only trying to obtain clarification of a statement made by the
> previous poster.
>
> What's wrong with that?
>
> You're not afraid that the previous poster might actually try to follow
> that hypothetical advice, are you? Here in the UK it's very difficult to
> acquire bears, dead or otherwise, and so if the advice was taken,
> hypothetical or otherwise, its implementation would be nigh on impossible.
>
> No ursine mammals were harmed in the writing of this post.

<g>

It was just the last comment, which someone unacustomed to usenet......
sigh... maybe he was not:(

I guess I am just an old softie...

--
--
https://www.shop.helpforheroes.org.uk/

Ophelia

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Mar 4, 2010, 1:49:49 PM3/4/10
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"Rod Speed" <rod.sp...@gmail.com> wrote in message

news:7vacvj...@mid.individual.net...

Hokay Mabel:)

--
--
https://www.shop.helpforheroes.org.uk/

HEMI-Powered

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Mar 4, 2010, 1:55:27 PM3/4/10
to
john mayfield added these comments in the current discussion du
jour ...

>
> I keep hearing that I should write a will. I'm 65 years old ,
> living in a small terraced house in North London (u.k.) together
> with wife 61 years old and son 29 years old.
>
> The house is worth about just under 300K which is below the
> inheritence threshold and is owned jointly (tenants in common)
> with my wife. My total savings are small.
>
> When I die I would wish to leave it all the wife, and any amount
> to my son that enables him not to pay any inheritance tax.
>

> I guess thats a fairly common kind of family situation, without
> any additional complications; so I thought it would be fairly


> easy to get advice on how to write a will.
>

> On google I can get up to 7 million returns on my searches, but
> everyone I've looked at wants to make money out giving any

> advice. With plenty of 'a bad will is worse than no will' kind
> of suggestions, thrown in.
>

> Is the advice that you *should* make a will really applicable to

> someone like myself? What would be any advantages to having a
> will?
>

> The nearest I have got so far to creating one is a bit of
> information I picked up, which says I can just write out roughly
> as follow:
>

> -----------------------------------------------------------------
> -----------

>
> This will 'dated' .........by 'john........' of
> 'address'......
>
> I revoke all earlier wills and Codicils.
>
> I appoint as my executor and trustees my wife 'name'........ and
> my son .......
>

> I give my Estate and Possesions to my wife ............
>
> If she does not survive me I give my Estate and possisions to my
> son ......
>

I know nothing about UK law but in the US, everything automatically
goes to the spouse unless there is a pre-nup OR possessions and
money are kept separate, then a will would apply. In many/most
marriages, all assets are held jointly, so no probate is needed
when one spouse dies. Children are another matter. Sometimes
arguments break out.

--
HP, aka Jerry

"The government is best which governs least" - Thomas Jefferson
"Government is NOT the solution to our problems, it IS our
problem!" - Ronald Reagan

Martin

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Mar 4, 2010, 1:58:19 PM3/4/10
to

"Rick" <rick0....@gmail.com.lessspam> wrote in message
news:hmoq39$30u$3...@news.eternal-september.org...

< snip >

> To avoid forcing son to pay larger
> inheritance tax than he can afford (before perhaps selling the main
> asset, namely the house) you could with a lawyer's help, consider
> putting the house in a trust.


Why bother? In the situation you contemplate, the first �650k is IHT-free.
Unless the OP's idea of "small savings" is something over �350k, there will
be no IHT liability.

The same pertains if they die at quite different times.


--
Martin

Rod Speed

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Mar 4, 2010, 2:45:17 PM3/4/10
to
Aardvark wrote
> Ophelia wrote
>> Rod Speed wrote

>>>> Thanks for any advice.

>>> Even advice to shove your head up a dead bear's arse ?

>> OH come on!!! People like that chap come to uk.legal
>> expecting help and advice. That was uncalled for

> He was only trying to obtain clarification of
> a statement made by the previous poster.

> What's wrong with that?

> You're not afraid that the previous poster might actually
> try to follow that hypothetical advice, are you? Here in the
> UK it's very difficult to acquire bears, dead or otherwise,

Thats not true, plenty of teddy bears even on that soggy little island.

> and so if the advice was taken, hypothetical or otherwise,
> its implementation would be nigh on impossible.

Thats not true either, plenty of very large teddy bears and other very large dead bears.

Adrian

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Mar 4, 2010, 5:03:38 PM3/4/10
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Bod <bodr...@tiscali.co.uk> gurgled happily, sounding much like they were
saying:

>> Indeed. The thing *not* to do is appoint your bank or solicitor to be
>> an executor. If you do - then they end up being the biggest beneficiary
>> of the will!

> Why? How can they justify that?

Because they charge money in return for performing their professional
services. It's what they do. It's why they exist.

tmclone

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Mar 4, 2010, 5:58:40 PM3/4/10
to


There's no "automatically" about it, at least not in NY. For example,
if you have designated someone other than your spouse as a beneficiary
of a life insurance policy (although spouse must sign off on that),
that person receives the money when you die, will or no will.

If there is no will the estate goes through probate. All bets are off
if that happens.

Oh, and only in a few marriages are all assests held jointly. It's
extremely unusual for ALL assets to be held jointly. Maybe never-
worked-stay-at-home-wifies (are there still any of those?) would like
it that way, but those of us who have supported ourselves for our
entire lives actually have our own assets, in our own (not hubbie's)
name. Less than 50% of women who marry take their husbands' names
these days. Welcome to the 21st century.

tmclone

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Mar 4, 2010, 5:59:49 PM3/4/10
to
On Mar 4, 12:32 pm, "Ophelia" <Ophe...@Elsinore.me.uk> wrote:

>
> >> Thanks for any advice.
>
> > Even advice to shove your head up a dead bear's arse ?
>
> OH come on!!! People like that chap come to uk.legal expecting help and
> advice. That was uncalled for:(
>


That was Rod Speed. It's a troll. Just killfile it and move along like
the rest of us have done. :)

Ret.

unread,
Mar 5, 2010, 3:35:07 AM3/5/10
to

Which no-one would object to. It's the *amount* of money they charge for a
simple service that is the outrage!

Kev

Ophelia

unread,
Mar 5, 2010, 5:08:07 AM3/5/10
to

"tmclone" <tmc...@searchmachine.com> wrote in message
news:2a7fcb94-3464-4039...@33g2000yqj.googlegroups.com...

Ok ta:)
--
--
https://www.shop.helpforheroes.org.uk/

George

unread,
Mar 5, 2010, 8:32:28 AM3/5/10
to

Unfortunately there is that one honest guy (forgot his name) and the
rest of them. It isn't unusual to be billed $8,000 for a few hours work
by a clerk.

I have been an executor and it really isn't a major event.

Dangerous Nonconformist

unread,
Mar 5, 2010, 9:46:33 AM3/5/10
to
George wrote:

> I have been an executor and it really isn't a major event.

LEGAL MURDERERERER!!!!

RobertL

unread,
Mar 5, 2010, 10:23:40 AM3/5/10
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On Mar 4, 3:20 pm, "john mayfield" <mayfield...@mail.invalid> wrote:
> I keep hearing that I should write a will.  I'm 65 years old , living in a
> small terraced house in North London (u.k.) together with wife 61 years old
> and son 29 years old.
>
> The house is worth about just under 300K which is below the inheritence
> threshold and is owned jointly (tenants in common) with my wife. My total
> savings are small.


Typically a couple would own the house as joint tenants so the
survivor owns it regardless of the will, but you say that you own the
house TinC so the survivor will not inherit the house automatically -
it goes by the will or by the intestacy rules if there is no will.

See here for what happens if you don't have a will:
http://www.hmcourts-service.gov.uk/infoabout/civil/probate/why_will.htm#intestacy

Without a will only the first £250,000 goes to the widow. the rest
goes to the deceased's children 9with widow getting the interest from
half of it).

You don't say what the poportions of ownership of the house are, but
if it is 99% yours, for example, then without a will she would not
even inherit the whole house.


Robert
IANAL

RobertL

unread,
Mar 5, 2010, 10:25:35 AM3/5/10
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On Mar 4, 3:35 pm, Aardvark <aardv...@youllnever.know> wrote:
> On Thu, 04 Mar 2010 15:20:53 +0000, john mayfield wrote:
> > I appoint as my executor and trustees my wife 'name'........ and my son
>
> I'm not so sure that beneficiaries of a will can be appointed executors.
> Conflict of interest and all that.


yes they can. Indeed is it normally the best thing to do. They can
engage professional help if they needed it.


Robert

RobertL

unread,
Mar 5, 2010, 10:28:21 AM3/5/10
to


people typcailly put in cluases like "providing she shall survive me
by 30 days" to cover such situations. IIRC if you die together the
wills are executed as if the older person died first.

Robert

SkyEyes

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Mar 5, 2010, 2:48:19 PM3/5/10
to
On Mar 5, 7:46 am, Dangerous Nonconformist

<<<<<<<<<<<<<<<<<<<<<<<<<SMACK>>>>>>>>>>>>>>>>>>>>>>>>>>>

An "executor" is not the same thing as an "executioner," shit-for-
brains. Try www.dictionary.com to find out how they differ in
meaning.

Jaysus. They're getting stupider by the *minute*.

Brenda Nelson, A.A.#34
BAAWA Knight
EAC Professor of Feline Thermometrics and Cat-Herding
skyeyes nine at cox dot net

Lord Vetinari

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Mar 5, 2010, 4:40:47 PM3/5/10
to
"SkyEyes" <skye...@cox.net> wrote in message
news:f9d5ffc2-1c21-4b9b...@l12g2000prg.googlegroups.com...
: On Mar 5, 7:46 am, Dangerous Nonconformist <danger...@nonconformist.c0m>
wrote:
: > George wrote:
: > > I have been an executor and it really isn't a major event.
: >
: > LEGAL MURDERERERER!!!!
:
: <<<<<<<<<<<<<<<<<<<<<<<<<SMACK>>>>>>>>>>>>>>>>>>>>>>>>>>>
:
: An "executor" is not the same thing as an "executioner," shit-for-
: brains. Try www.dictionary.com to find out how they differ in
: meaning.
:
: Jaysus. They're getting stupider by the *minute*.

Well....brains require oxygen, and I imagine it's awfully hard to breath,
with one's head up one's ass.


Dangerous Nonconformist

unread,
Mar 5, 2010, 5:16:38 PM3/5/10
to
SkyEyes wrote:

> On Mar 5, 7:46 am, Dangerous Nonconformist <danger...@nonconformist.c0m>
> wrote:
>> George wrote:
>> > I have been an executor and it really isn't a major event.
>>
>> LEGAL MURDERERERER!!!!
>
> <<<<<<<<<<<<<<<<<<<<<<<<<SMACK>>>>>>>>>>>>>>>>>>>>>>>>>>>
>
> An "executor" is not the same thing as an "executioner,"

No shit, Blender? If you were any sharper you'd slash yourself to ribbons.

> --
> shit-for-brains.

John Turner

unread,
Mar 6, 2010, 7:51:37 AM3/6/10
to
"richard" wrote

> I think it is more of tradition that an executor not be an heir.

I don't understand the logic of that. Surely the best people to execute a
will are the beneficiaries; they'll certainly keep the costs to a minimum.

I don't see any conflict of interests.

John.


John Turner

unread,
Mar 6, 2010, 7:52:27 AM3/6/10
to

"Bod" wrote

> Why? How can they justify that?

They justify it in their exhorbitant fees.

John.


John Turner

unread,
Mar 6, 2010, 7:56:24 AM3/6/10
to

"Adrian" wrote

> Because they charge money in return for performing their professional
> services. It's what they do. It's why they exist.

I exceuted my late father's will and my time totalled about twelve hours. I
was told that the bank would have charged around �2k for what I did for
nothing.

John.


John Turner

unread,
Mar 6, 2010, 7:57:25 AM3/6/10
to

"Dangerous Nonconformist" wrote

> LEGAL MURDERERERER!!!!

You're thinking of executioner not executor - bet you're a Yank. <vbg>

John.


Kadaitcha Man

unread,
Mar 6, 2010, 8:49:56 AM3/6/10
to
"John Turner", thou conceited braggart. Rash wanton. Ye confounded:

> "Dangerous Nonconformist" wrote
>
>> LEGAL MURDERERERER!!!!
>
> You're thinking of executioner not executor

No shit, Shylock?

The Revd

unread,
Mar 6, 2010, 9:45:40 AM3/6/10
to

He is. He works for the US gubbinment.

The Revd

unread,
Mar 6, 2010, 9:46:01 AM3/6/10
to
On Sat, 06 Mar 2010 19:34:56 +0545, Kadaitcha Man <an...@no.email>
wrote:

>"John Turner", thou conceited braggart. Rash wanton. Ye confounded:
>
>> "Dangerous Nonconformist" wrote
>>
>>> LEGAL MURDERERERER!!!!
>>
>> You're thinking of executioner not executor
>
>No shit, Shylock?

Konstipation, K-man?

Dangerous Nonconformist

unread,
Mar 6, 2010, 9:53:27 AM3/6/10
to
The Revd wrote:

What evidence do you have showing that having a colostomy bag implies
some kind of constipation?

The Revd

unread,
Mar 6, 2010, 10:03:35 AM3/6/10
to

A colostomy bag is a cure for constipation!

Gary Heston

unread,
Mar 6, 2010, 10:07:35 AM3/6/10
to
In article <-t-dnVKPHoxL0g_W...@supernews.com>,
John Turner <nos...@nospam.invalid> wrote:
[ ... ]

>I don't understand the logic of that. Surely the best people to execute a
>will are the beneficiaries; they'll certainly keep the costs to a minimum.

>I don't see any conflict of interests.

You've obviously never seen a family that doesn't get along with each other.
That's where some of the absolute worst fighting over division of an estate
can occur. In those cases, an outside executor is a really good idea. Doesn't
always work, though; lawsuits against the executor or the estate are used
by unhappy inheritors quite frequently, trying to get what they want.


Gary

--
Gary Heston ghe...@hiwaay.net http://www.thebreastcancersite.com/

"It's kind of hard to rally 'round a math class."
Paul "Bear" Bryant

John Turner

unread,
Mar 6, 2010, 11:32:45 AM3/6/10
to

"Gary Heston" wrote

> You've obviously never seen a family that doesn't get along with each
> other.
> That's where some of the absolute worst fighting over division of an
> estate
> can occur.

But one would assume that this would be taken into account when the will was
drawn up. Under those circumstances I'd most definitely be ensuring that MY
wishes were made perfectly clear.

John.


John Turner

unread,
Mar 6, 2010, 11:34:09 AM3/6/10
to

"The Revd" wrote

> A colostomy bag is a cure for constipation!

Also full of shit, like a lot on here! ;-)

J.


Rod Speed

unread,
Mar 6, 2010, 1:03:12 PM3/6/10
to
John Turner wrote
> richard wrote

The most obvious potential conflict of interest is when the executor is just one of the beneficiarys.

Not that I think that that is a good reason for them not to be a beneficiary,
particularly with a very simple estate like his where it makes sense to
minimise the capacity of 'professionals' to leech on the estate.


Rod Speed

unread,
Mar 6, 2010, 1:09:50 PM3/6/10
to
John Turner wrote
> Gary Heston wrote

Sure, but not everyone can do that. He clearly didnt consider
what happens if they all die in the same accident etc.

Even just a very clear and unambiguous will does not ensure
that there wont be a legal shit fight over the distribution, if the
executor doesnt do exactly what the will says or one of the
beneficiarys like say the son in this situation decides that he
doesnt like what the will explicitly says and attempts to get
the legal system to deliver what he wants instead. Shit happens.


George

unread,
Mar 6, 2010, 1:47:38 PM3/6/10
to

Have the drugs worn off yet?

chrisj...@proemail.co.uk

unread,
Mar 6, 2010, 3:52:29 PM3/6/10
to
On 4 Mar, 17:43, "Ret." <xxx> wrote:

> Mrcheerful wrote:
> > john mayfield wrote:
> >> I keep hearing that I should write a will.  I'm 65 years old , living
> >> in a small terraced house in North London (u.k.) together with wife
> >> 61 years old and son 29 years old.
>
> >> The house is worth about just under 300K which is below the
> >> inheritence threshold and is owned jointly (tenants in common) with
> >> my wife. My total savings are small.
>
> >> When I die I would wish to leave it all the wife, and any amount to
> >> my son that enables him not to pay any inheritance tax.
>
> >> I guess thats a fairly common kind of family situation, without any
> >> additional complications; so I thought it would be fairly easy to get
> >> advice on how to write a will.
>
> >> On google I can get up to 7 million returns on my searches, but
> >> everyone I've looked at wants to make money out giving any advice.
> >> With plenty of 'a bad will is worse than no will' kind of
> >> suggestions, thrown in.
> >> Is the advice that you *should* make a will really applicable to
> >> someone like myself?  What would be any advantages to having a will?
>
> >> The nearest I have got so far to creating one is a bit of information
> >> I picked up, which says I can just write out roughly as follow:
>
> >> ----------------------------------------------------------------------------
>
> >> This will 'dated' .........by  'john........'  of 'address'......
>
> >> I revoke all earlier wills and Codicils.

>
> >> I appoint as my executor and trustees my wife 'name'........ and my
> >> son .......
>
> >> I give my Estate and Possesions to my wife ............
>
> >> If she does not survive me I give my Estate and possisions to my son
> >> ......
> >> Signed by  .............   John   'my name'
>
> >> In our presence and attested by us in his presence and in the
> >> presence of each other.
>
> >> Witness 1.  signature......., full name ......
> >> address......occupation......
> >> Witness 2.  signature......., full name ......
> >> address......occupation......
> >> ----------------------------------------------------------------------------
>
> >> Is this really all I need to do?  In fact in my situation do I really
> >> even need to do this?       Thanks for any advice.
>
> > for the pittance that you will be charged (about 75 quid) it is best
> > to have you and your wife's wills made up professionally, they will
> > think of aspects that you would not think of in a million years.  and
> > it will speed everything up when you go.
>
> I wrote wills for my father and for my mother-in-law. They both sped through
> probate without a single problem. I have also written wills for myself and
> my wife and for my children.
>
> For people with simple affairs, wills are straightforward and easy to
> prepare. £75 for drawing one up (often simply adding personal details to a
> ready-prepared template) is outrageous.
>
> Kev

If you don't like paying money to a solicitor, there is a "Will Aid"
scheme in which some solicitors participate where you make a donation
to a charity instead. It only operates at certain times of the year --
Google indicates that the next period will be November 2010.

I concur with not appointing a solicitor or bank as executor. My
mother appointed the bank who charged a fortune and took a year to
sell the house (using their own estate agent subsidiary) at a time
when it was a seller's market.

Chris

Les Cargill

unread,
Mar 6, 2010, 7:45:05 PM3/6/10
to


My parents executed my mom's brother's will, and it lasted for
months, required travel and a nontrivial amount of out of pocket
expense.

--
Les Cargill

Nick Naim

unread,
Mar 8, 2010, 10:31:34 PM3/8/10
to

"john mayfield" <mayfi...@mail.invalid> wrote in message
news:hmoj4s$uf8$1...@news.eternal-september.org...
die and dont worry about it.

>
>
>
>


Lord Vetinari

unread,
Mar 9, 2010, 10:02:01 AM3/9/10
to
"John Turner" <nos...@nospam.invalid> wrote in message
news:BdOdncq-J4CvzA_W...@supernews.com...

>
> "Dangerous Nonconformist" wrote
>
>> LEGAL MURDERERERER!!!!
>
> You're thinking of executioner not executor - bet you're a Yank. <vbg>

Idiot Brit, I bet you still think the Irish aren't human.


Aardvark

unread,
Mar 9, 2010, 10:40:55 AM3/9/10
to

Was their official status changed recently?

--
"I can tell you how to become a millionaire in as much time as it takes
a woman to have a baby. One catch: the nine-month plan ends in a funeral."
Ice-T

The Revd

unread,
Mar 9, 2010, 12:02:34 PM3/9/10
to
On Tue, 9 Mar 2010 09:02:01 -0600, "Lord Vetinari" <veti...@att.net>
wrote:

The boghopping Irish? Of course they're not!

FreeThink

unread,
Mar 9, 2010, 12:08:24 PM3/9/10
to

Odd are, unless he is drunk then most likely an Aussie

Rod Speed

unread,
Mar 9, 2010, 12:35:10 PM3/9/10
to
Aardvark wrote:
> On Tue, 09 Mar 2010 09:02:01 -0600, Lord Vetinari wrote:
>
>> "John Turner" <nos...@nospam.invalid> wrote in message
>> news:BdOdncq-J4CvzA_W...@supernews.com...
>>>
>>> "Dangerous Nonconformist" wrote
>>>
>>>> LEGAL MURDERERERER!!!!
>>>
>>> You're thinking of executioner not executor - bet you're a Yank.
>>> <vbg>
>>
>> Idiot Brit, I bet you still think the Irish aren't human.
>
> Was their official status changed recently?

Yes, the GFC shows what them and the Icelanders actually are.


Aardvark

unread,
Mar 9, 2010, 12:40:52 PM3/9/10
to
On Wed, 10 Mar 2010 04:35:10 +1100, Rod Speed wrote:

> GFC

Gaelic Football Club?

Virgil

unread,
Mar 9, 2010, 3:55:42 PM3/9/10
to
In article <4b967f18...@news.x-privat.org>,
ffo...@smythe.com (The Revd) wrote:

Then there must be some of that in fffformby.

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