I feel old. My little daughter has just made her first Will. She is off travelling next week so has made a Will 'just in case'.

Have all of you who are 'of age' made your Will yet? If not, why not? No I am not being nosey, I am just interested in why people don't make Wills - it can cause so many problems for those left behind when all is not left tidy. I had to nag my own mother for years to get her to make a Will, she finally did it about five years ago when she was nearly 80 years old.

------------------
From over the pond....

[This message has been edited by sue943 (edited 10-26-2000).]

Thanks for the important reminder Sue. You're correct, everyone should make out a will. I have to admit that I haven't written mine yet. Maybe this thread is just the kick that I needed to start mine. Thanks again.

I have absolutely done my will, Sue. It's just another part of being a responsible adult. I'm 33 and did mine about 5 years ago. (Even then, I felt like I'd waited a bit too long.)

There are most likely classes offered in the area that can teach those of you who haven't done so how to correctly write a will. If you're not doing one that's too complicated, it's possible to bypass an attorney and do one yourself.

There are also kits in many of the office supply stores that can help you make one.

I strongly urge anyone who hasn't done one to do so. It's not really a gruesome activity. It doesn't mean you're going to die in the next couple of years. It's not that big of a deal. Like I said, it's just the responsible adult thing to do.

[This message has been edited by Linda1 (edited 10-26-2000).]

Bill and I have made our wills this past summer. Your right Sue, it does cause problems when their is no will. With the deaths of my parents (they had no wills)I am still in the middle of my parents estate,it will be a year in November since my Dad died and a year in January since my Mom died. I now realize how important having a will is, it will be alot easier on Billy and Mike, God forbid anything happen to us.

Linda has said that there are kits to enable you to make your own Will - mostly these will be OK but do check VERY carefully that they are legal where you live. Take great care that you abide by whatever regulations/laws are in place where you live.

Where I live it is not legal to make a Will of Immovables, in other words of real estate, without it being read aloud in the presence of a local lawyer and signed in his/her presence. Also there are strict rules as to whom you can leave your movable estate if you are married and/or have children. A person with a spouse and child/ren may only leave one third of their movable estate outside of the family, the spouse must have one third, the children must share one third - you can leave the other third to them or to the cats' home.

To quote a lawyer I was in a meeting with yesterday, 'You can buy a Will kit for five pounds and spent five thousand sorting out the mess after death'.

For those in the UK, there is a free Will scheme at present operated by the Cancer Research Campaign, obviously they would love you to leave them a bequest but you are not obliged to do so. Another source of free Wills in the UK is if you belong to a Trade Union, they will pay for the Will - worth enquiring.

Don't forget to attend to your Will if circumstances in your life change, if you move house, if your executor should die... in fact review the situation from time to time.

This evening I just happened to bump into our Registrar of Probate in the supermarket, told him that my daughter had made her Will before travelling and he said that it was the only sensible thing to do, if anything did happen to her while she was abroad it could be a nightmare to sort out.

------------------
From over the pond....

Good points, Sue.

Where I am, it's perfectly legal to write your own will. Only requirement is that your signature has to be witnessed by two people in front of a notary.

It also makes a difference as to how complicated your will is. Like I said, a simple one (without kids or something of that nature) is different than a more complicated one. Attorneys are absolutely needed for ones that get beyond the simple "I leave everything I own to Mom and Dad" type thing.

But, what all this boils down to is MAKE A WILL - IT'S VERY IMPORTANT. NO MATTER HOW IT'S DONE!

Just thought that I would make those points Linda as this is a 'worldwide community' and these things can differ so much, it is different here to the UK for instance.

I have a client at present whose mother made a Will leaving her half of their house to my client (they owned the house jointly but in unequal shares), unfortunately it named the house in the Will then they moved house - she didn't change her Will nor did the Will mention 'any other property owned by me' so she was intestate. Now my client who put far more money into the house stands to lose her home, AND end up with mortgage debt. Even though the shares were not equal this wasn't reflected anywhere (as the daughter was to inherit) so she stands to lose much more and it is half of the property which is subject to the laws of intestacy.

------------------
From over the pond....

The following may be useful to those who might want to make a will.

Last Will and Testament

I, __________(name)___________, of the City of Cincinnati, Hamilton County, and the State of Ohio, do make, publish, and declare this to be my last will and testament, hereby revoking all wills and codicils at any time heretofore made by me.

Item One: Executor/Executrix

I hereby nominate, constitute, and appoint ______(name)_________, as executor/executrix of this my last will and testament.

Items Two - Eleven: Bequests

I give and bequeath to my ____(relation and name)_______________, if he/she survives me my _______(possession)__________________________ if owned by me at the time of my death.

Item Twelve: Distribution of Estate

I give and bequeath to __________(name)______________, if he/she survived me the amount of ______(dollar amount -spelled out)___________________.

(or)

I give and bequeath to __________(name)______________, (proportion), of my estate. I also give and bequeath the other (proportion) of my estate to my (no.) children to be divided equally.

Item Thirteen: Conditional Bequest

I give and bequeath (item/money) to _____(name)_____________ to be awarded only if _________________________________________________
_______________________(condition)______________________________ _____________________________________________________________.

Item Fourteen: Guardians

I hereby authorize ____________(names)__________________ to be the guardians of my children.

Item Fifteen: Exclusions

I have made no provision in this my will for _____(name)_______ because
_______________(reason)_______________________________________
____________________________________________________________.

Item Sixteen: No Contest Clause

If any legatee or beneficiary under this will shall object to the probate of this will shall object to the probate of this will for the purpose of setting aside or invalidating this will, I direct that such legatee or beneficiary shall receive nothing whatsoever under this will.

This will, according to the undersigned, was subscribed in our presence and sight on ________(day/month/year)__________, at ______(location/address).

First Witness:

Signature_________________________ Name__________________________

Address________________________________________________

City____________________ State____________ Zip______________

Second Witness:

Signature_________________________ Name__________________________

Address________________________________________________

City____________________ State____________ Zip______________

But, once again, the above may not be considered a legal will in your location. You must make sure before using it.

I was reading Dear Abby this morning and I thought I would share the article with you.

KIT CONTAINS WHAT YOUR FAMILY SHOULD KNOW BEFORE YOU GO

DEAR ABBY:
Your readers may be interested to know that the Funeral Consumers Alliance Inc. provides an end-of-life planning kit that includes a 20-page booklet, "Before I Go, You Should Know," in which they can record their wishes. It comes in a plastic document pouch, with a refrigerator magnet to indicate its storage location. It contains a checklist of other documents that should also be added to the pouch. (Veterans, for example, might want to add their DD 214 discharge papers that will be needed to get the free cemetery marker and American flag.) Most important, the pouch includes a state-specified living will and durable power of attorney for health care.

Surveys show that 85 percent of the public supports the idea of living wills -- but only 25 percent have done anything about it.

We want to get the kits into the refrigerator of every adult American. Why the refrigerator? Because most people have one, and it's likely to survive a fire. By having a specific place to "file" these papers, perhaps more families will actually get it done. We hope that more families will begin talking about their choices, as recommended in the pamphlet from Partnership in Caring that is enclosed in the kit.

Also included is a brochure titled "Death Away From Home" that's meant to be popped into a suitcase or RV when traveling.

Abby, I hope you'll agree this is something worth mentioning to your readers. End-of-life issues are never pleasant to talk about -- but death (and taxes!) are facts of life.

- LISA CARLSON, EXECUTIVE DIRECTOR

DEAR LISA:
I agree. I was so impressed by the packet you are offering that I ordered some for my staff. I know the subject is difficult, especially when people are in the best of health, but it's better to be safe than sorry. Don't put it off.

Because the alliance is a small, nonprofit office, mail orders are preferred. Send $10 (check or money order in U.S. funds; no cash, please) to: Funeral Consumers Alliance, P.O. Box 10, Hinesburg, VT 05461. The kit is also available via the Internet at www.funerals.org

Without trying to sound negative a will kit is simply not a good idea no matter which way you look at it. Being intimately involved in the legal profession I can tell you that no matter how simple an Estate you may think you have and no matter how straightforward you may think it is or the kit makes out, a Will is not a simple instrument.

Lawyers dealing with Estates normally find the bulk of their work in Intestate cases (where the person died without making any will whatsoever) and in cases where Will is invalid or improperly drafted. Will kits may seem the simple solution, but they cause far more problems than any other instrument involving a person's assets and realty.

Wills are not always even neccessary. I am 27 and a professional with a very good income, yet I really have no need of a Will at this time. I have no real possessions of value and lots and lots of debt. If I were to meet an unfortunate end right now, my Estate would probably end up owing more than it could possibly pay out. This is the same for many people. For me, dying intestate is more beneficial as it would result in whatever is left going to my parents. For those of you with children, real estate, wealth and valuable possessions a will may be more appropriate.

One of the key advantages of using a lawyer to prepare your will is that you almost have a guarantee. With a Will kit, if it is improperly drafted, it takes years of legal fighting to correct and eats into the Estate to do so. Quite often a result is reached which is far removed from what the testator (the Deceased) wanted. Some beneficiaries (the people who receive money, land or possessions from the Estate) may end up with nothing, when the testator's intention was much different.

With a lawyer, however, if the Will is faulty in terms of the testator's intentions and this can be shown to be a result of poor draftsmanship by the lawyer, then the lawyer can be sued and the costs of correcting the deficiency recovered. Yes, it is still a drawn out process, but at the end of the day somebody else is to blame, your beneficiaries and family do not have to pay for that mistake and you can not be held to blame.

Many lawyers offer simple wills at quite low rates, so if you do not have substantial assets or property, this is often the easiest way.

Seeing a lawyer is a good idea no matter where you live in the English Common Law world, regardless of certain state or county laws. The English Common law World includes the UK, The US, Canada, Australia and New Zealand, and many countries that have a british Colonial past. All of these countries follow similar legal precedents (which is a similar history and development of law).

SEE A LAWYER, even ask for a free consultation just to see if a cursory inspection of documents would suggest the need for a will.

Would you rather sort out the mess now or leave it for your family to do afterwards?

I have to agree with what has just been posted.

My daughter had good reason to make her will, for a start she does have some money and secondly she is now travelling so there could be problems should she die intestate in a far flung country.

Where we live (and this is NOT the same for the UK and probably not the same for where you live) her half-brother would automatically inherit part of her estate, she has two step-sisters and a step-brother which she doesn't know if her father has adopted, if he has then they would also share her estate even though she has never met the boy and hasn't seen any of the others for about five years. Some of her money is the result of hard work on her part so she wouldn't want it to be given to strangers. In the event of siblings and half-siblings being dead (or not existing) then here her father would inherit next, then me if he was dead. She wanted to avoid this happening hence the will.

She did draft her own will (she was a legal assistant in the Attorney General's Office at the time and has a law degree) but she made absolutely sure that it was correct and had a lawyer check it over before she signed it.

------------------
From over the pond....