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"I'm not going anywhere " I dont plan too .. i am alive and well ... But would be a real mix up here if somthing did go wronge . | |||
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"You don't want your estate going to probate Jo, having been through that and the costs it incurs, you really should have a will written up professionally to protect your heirs." yes reading what you have said your right now just finding best way to do it. xx | |||
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"You don't want your estate going to probate Jo, having been through that and the costs it incurs, you really should have a will written up professionally to protect your heirs." is that the pubic heirs ?..... | |||
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"yes i do have a will and i had the saddest experiance of going thro one for my dad last week " kisses and hugs xxxxxx | |||
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?" I think the will means you can leave what you want to who ever you wish and make your executor who ever too. Wills can be contested though, usually by relatives, so I would advise you definitely take legal advice to ensure your wishes are carried out how you want them to be | |||
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin? I think the will means you can leave what you want to who ever you wish and make your executor who ever too. Wills can be contested though, usually by relatives, so I would advise you definitely take legal advice to ensure your wishes are carried out how you want them to be" Certainly seek legal advice. You're right in saying that the exor will override next of kin, in matters of finance, property and distribution of assets. With regards funeral arrangements, in some cases the reading of the Will doesn't take place until after the funeral by which time it would be too late for your wishes to be fulfilled. Your written wishes need to be documented and witnessed, and whomever you decide will deal with arrangements, must be aware that you have specific requests relating to your funeral arrangements. All very somber but it's better to get it sorted. | |||
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?" The Executor is the person appointed by the Testator (the maker of the Will) to carry out their instructions and wishes as detailed in the Will. There are no readings of Wills anymore, its not like on the TV when you see a family sitting down around a table. An Executor can be a solicitor or a member of the family. They may or may not benefit from the Will. However the person who witnesses the original Will can never benefit under that Will, it could be construed as coercion. If you die intestate (not making a Will) your next of kin will benefit from your estate, if you have a wife, it will be her, then children, etc etc. If you die having made a Will, your Executor will inform all beneficiaries, and will apply to the Probate Registry for a Grant of Probate. When they receive the Grant, they can then start getting all monies in, ie; start selling properly, closing bank accounts and pay off debts from any funds received. Any gifts under the Will, whether that be a specific sum of money or a gift of jewellery, will be paid out and the residuary estate gets paid to the person named by the Testator, which usually is their husband/wife/children if the spouse has died. I think thats the general way of how it works. | |||
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin?" You can leave a Will nameing whoever you want as beneficary and or executor, although next of kin can contest which would mean a court case. Unlikely but possible. Mistress x | |||
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"nope but really should do seeing as how just found out my husband is having by pass surgery tomorrow , just never know whats round corner " Wish him luck,hope all goes well. | |||
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"nope but really should do seeing as how just found out my husband is having by pass surgery tomorrow , just never know whats round corner " Just to say, I hope all goes well for your husband tomorrow with his surgery! They do these operations everyday; it will be OK! | |||
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"slight tangent. I'm not married so my parents are my next of kin. But I dont speak to them and will never do so again. If I make a will declaring someone else executor and stating certain wishes regarding funeral arrangements then am I right in thinking the executor over-rides the next of kin? You can leave a Will nameing whoever you want as beneficary and or executor, although next of kin can contest which would mean a court case. Unlikely but possible. Mistress x" Yes thats right and its true that if someone contests a Will, then contentious Probate is charged on an hourly rate, which depending on the experience of the lawyer, can be £200 a hour. With the time it takes and those kind of charges, unless you were very wealthy, would eat up your estate in solicitors costs, most people dont carry on with this because of the costs involved. If someone was financially dependant on you though, say you had a disabled child who needed care, and you left all your money, house etc, to the cats home, then this is a good reason for contesting. | |||
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"I know theres all sorts of ways even on line ..... My older son said had we made a will. Not that he is wishing for us to die. I said no but its a 4 way split ..... as have 4 children and each will get same. But we must sort it really." Yes... mainly so we have sorted what happens to the boys...we have arranged with kevs brother who has 2 girls the same age . It was something he brought up as he is in the navy,and my sister in law and him were concerned if anything happened to both of them. | |||
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"dont have to do one now my house is sold now and single " You don't have a bank account? Money? | |||
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"There are definitely lots of greedy lawyers out there who will overcharge, like everything I'd say shop around and get quotes. I'm sure the Law Society may be able to help with an indication of costs, but in general a standard Will for a couple would be leaving to each other and thereafter equally between the kids. if you have a more complex Will with trusts set up then expect to pay the solicitors hourly rate and they will probably quote about 5 hours work. You have a letter detailing all this to sign which has details of cost, a contract between yourself and your solicitor. I think with the online Wills you have to know exactly what you're doing, understand legal terminology and understand the full implications of whether it will work after your death. There's also the matter of storage. Do you keep it in the house and risk someone destroying that Will after your death. Most of us trust our children but what if that child disagrees with a gift you may have made. Everyone knows how nasty families can get after a death when there's money involved. I remember a situation when a Will writer was drafting Wills and offering storage of those Wills for the testators lifetime. Well that is until his garden shed went up in flames destroying them all. You just need to ensure you understand the law and Probate before deciding on cutting costs with cheap Wills. I'd rather have a solicitor draw it up and keep it in their strongroom and ensure my family knew the whereabouts of that Will. You've got no comeback with Wills you do yourself or with Will writers setting up in shopping precincts. At least if anything goes wrong then solicitors are governed by the Law Society. I would like to think that everything I've worked for will benefit my kids and I'm prepared to pay more than £20 to ensure that " Good point..its all about peace of mind and personal preferences. But if i contacted a solicitor and said i was going to download a will he would of course say..They are not valid and your family etc will lose out! After all its in his interest to say that. I can only go on the conversations of a radio show i listened to...hence my Contribution to this tobic. Was i surprised by this as well (online wills) then i would have to say YES! | |||
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"I've not done one yet but i have a small family so they would get what little there is anyway. " I think even if you dont have alot you still need too ........ my Autie just died her funrel this week and i cant get over how even some of my cousins even saying she was going to give them this and that from the house ....... its bad when you get this and not even had the funrel ,, I said give them nothing i wish for nothing its her family who should have everything . | |||
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