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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We have written our wills, based on one that we had done years

Customer Question

We have written our wills, based on one that we had done years ago. Just need someone to make sure we have dotted all the i's correctly. Don't need a new one as such, but if it is not a rip off, and that is the only solution, ok .. help? ta
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If you could forward your Wills, I will gladly go through them for you.

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Fortunately this link has connected me successfully as for some reason I am being barred for being also registered under a different suffix. Before I send you my will as a pdf, I need to ask on behalf of my suspicious husband. Will we be expecting - yes you need changes and here is my hourly rate (arm and a leg) or yes you need changes which I can advise under the fee already paid to a certain limit? Or just, great, no problem, all clear and goodbye? ta

Expert:  Aston Lawyer replied 2 years ago.

Hi Angela,

Thanks for your reply.

You have lodged 53 dollars with the site (I am of course an English Solicitor but Just Answer is based in the US). Therefore, provided you are of course happy with my Answer and leave positive feedback, you will only pay 53 dollars, of which I receive half.

Depending on how much work I do for you, you are free to leave me a bonus, but you are not under any duty to do so.

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

AHA - was expecting an email reply - and just linked in to wonder...! 6 minutes for your reply, must be a boring Saturday! angela

Expert:  Aston Lawyer replied 2 years ago.

Hi Angela,

I will be going offline at about 1pm, so if you wish to send your draft Wills before then, I will be able to go through them.

Kind Regards

Al

Customer: replied 2 years ago.

I think I have attached it ... twice ...! angela

Customer: replied 2 years ago.

will be here for another half hour, happy reading. angela

Expert:  Aston Lawyer replied 2 years ago.

Hi Angela,

You have been busy, drafting this!

I will come back to you in 20 mins or so.

Al

Customer: replied 2 years ago.

ok - ta

Customer: replied 2 years ago.

am about to have to go elsewhere, so will be offline shortly. angela

Expert:  Aston Lawyer replied 2 years ago.

Hi Angela,

Rightsky-

First line should say-

This is the last Will and testamet of me Angela... and rest of your wording is fine.

Clauses-

1. should read "to be the sole executor of this my Will"

You should appoint 2 people as Executors on the second death- you don't have to be it is advisable, and would avoid problems if the Dr had died before the survivor of you.

2. should read "my said husband" to "him" absolutely.

3. should read- if my said Husband dies before me or does not survive me for a period of 28 days or if for any reason the gift to him fails then I give all my estate...

("or if for any reason the gft to him" wording is to cover the unlikley event that you divorce before your death).

4-5 Importantly, you must include all the legacies mentioned in the schedule within your Will itself ie list them all in your Will. It is not sufficient for you just to mention them by reference to any in any schedule, as these legacies would be deemed not legally enforceable. Also, what if the Executor can't find the Schedule/decides not to implement your wishes in the legacies mentioned in the Schedule. So, please list all these legacies at clauses 4 and 5, to avoid any potential problems.

6. should read- "to divide the remainder into 6 equal shares:-"

"as to four shares for my sister in law A absolutely but if she dies before me then to such of her daughters B C and D who survive me and if more than one in equal shares absolutely"

You should also list the names of the children, so the Executors know exactly who is to benefit.

"as to two shares for C and D and if more than one in equal shares absolutely provided that if both C and D have died before me then to their children E F and G who survive me and if more than one in equal shares absolutely".

Again, please list the names of the children.

There is no need to refer to any of the above beneficiaries "surviving me for a period of 28 days" as this is only to cover husband/wife legacies to each other- to revent double administration in the case husband and wife die in a common accident.

Attestation clause- should read "in the presence of her" in your Will and "in the presence of him" in your Husband's Will.

Overall, I would give you 8/10! Most important thing to consider is to appoint a 2nd Executor on the survivor's death and you do need to include the legacies in the Will itself.

I hope this assists.

Kind Regards

Al

Customer: replied 2 years ago.

I know that there are now companies that just do conveyancing which has reduced costs and sped up the work. Is there something similar for executors? Solicitors seems to take a LOOONG time to then charge enormously for not paying personal or close attention to bequests. It is an onerous job (I know as I have had 3 funerals with no will to sort out) which makes it difficult to lump onto another friend.

By the way, this has been always included in our updated wills (via services like yourself) - what in the world does it mean? Do we really need it?

As Trustees of this my Will I APPOINT the persons who take out the first grant of representation (not being a grant limited to settled land) to be made in respect of it.

Thanks and yes, I got the answers I needed. angela

Expert:  Aston Lawyer replied 2 years ago.

Hi Angela,

Afraid there is no "express delivery service" for Probate Solicitors/services- a client just has to pick a Solicitor who hopefully is on the ball.

As Trustees.... wording just means that the party/parties who are gratned Probate, will also become a Trustee, so if there is a property to sell for example, they have the right to hold the property on trust for the Estate until it is sold.

I hope I have assisted.

If so, I would be grateful if you could rate my answer.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Apologies for the sunday email, no rush ... there are now three issues that are left ..

1.

- When we first had our wills done, Solicitors 1 and 2 had the layout like yours, everything together in one document before the signatures.

- Solicitor 3 said according to changes, our chattels and bequests no longer had to be incorporated but could be a separate document that would not need witnessing, just signing. Considering how complex they have become and the fact that they change or get clarified quite regularly, this separation makes life much easier as we just send our executor a copy when we update it.

- So which is right? Are we now we back to the old style? Is it just your preferred style or do we have a choice with no legal implications etc?

2.

As you might guess my husband has his will ready too. However if we both die at the same time, do the bequests get paid out twice? At the moment the wills are an exact mirror but that is more because of this point.

3.

Thank you for pointing out the need for another executor. If our friend dies, we would have to rewrite our wills anyway as later on in it, he is left a bequest as well as our share in one of the planes. So that would have to be addressed - however the question is, can he be executor and still receive a bequest?

ta, angela

Expert:  Aston Lawyer replied 2 years ago.

Hi Angela,

1. If the legacies are not mentioned in the Will itself, these are not legally binding. However,clients often prepare a "Letter of Wishes" which is a separate document and in which they stipulate to the Executor who they would like to inherit legacies of little financial value ie personal belongings. I would therefore suggest that any legacies of any financial value are included in the Will. If not, although I am sure your Executor will abide with your wishes mentioned in the separate document, you can't be 100% guaranteed that your wishes will be carried out.

2.The legacies wouln't be paid out twice-that is why the "survive me by 28 days " clause is in your Wills. Therefore, if you die in a common accident, the younger is deemed to survive the elder if there is no evidence who dies first. Thus, the younger inherits everything from the older, and then only the legacies to third parties in the younger's Will are paid.

3. It is perfectly OK for an Executor also to be a beneficiary, and indeed is very common.

I hope this clarifies matters.

I hope you appreciate I have done a lot more work than I would normally do for the money you have paid, so if you do have any further questions, please post this as a new question, so I may get credited for the additional time I spend.

Kindest Regards

Al

Customer: replied 2 years ago.

Sorry to take so long to reply again - thanks for the answers - been caught between husband working away (so cannot get his input in a hurry) and mother being terminally ill. So I have not been dodging or rather, I HAVE been in a different sense.

Just tried to put a review up on trustthingee and I have no idea if it got accepted or not as the email address mess came up again. Let me know if it failed.

thanks.

angela

Expert:  Aston Lawyer replied 2 years ago.

Hi Angela,

Don't really know what you mean by "trustthingee" but have not received any previous correspondence from you if that is what you mean.

Kind Regards

Al