Thursday, 2 September 2010

Where there's a will there's a rich solicitor

I had a will years ago that was fairly simple - basically First Born got the lot. When I got married again nearly 10 years ago I knew that I should write another, but I avoided it as it was so difficult. H being born 8 years ago didn't make things easier in the will department. Although I knew that if I popped my clogs 'Im Indoors would be worth knowing, and FB could well end up with no inheritance, I still buried my head. My financial advisor came again this year and couldn't believe I had still not got a will, and I decided action was needed.

I had to see a solicitor for something unconnected, and while I was there I asked about wills. Apparently mine was a bit more complicated than normal so it would cost a bit more too. I didn't really want to pay a lot as I'm not intending this will to be used; it is more of an 'interim' will, a 'just in case' will that I can change in a few years time. I made my appointment and came away to think about what to put in it. Having just a husband and 2 children you wouldn't think it would be too difficult, but it was! How could I do this fairly?

If II was father to both children it would be easy as presumably he would get the lot and then pass it on to them when it was his turn to push up the daisies. If I left everything to him though, he wouldn't be under any obligation to leave anything to FB. Indeed, she could be out on the streets with nothing to her name. Then, just because I'm married to II doesn't mean I want him to have all my worldly goods, especially as I accumulated a lot of them before I knew him, and he was able to move into my modest but fully furnished and equipped house with nothing but a set of Matalan pans and some market towels (and I made him give all these to his mum as I had much better quality ones already). Next to consider was all my jewellery and the like, most of which are family heirlooms. I had ended up with a lot of these items just because I was (and still am!) a girl. It therefore seemed unfair for them all to go to my children when they should really be divided between my brothers' children too.

I got my ideas together and went to see the solicitor, a elderly portly gentleman with an office that mustn't have changed since he started practising. I say practising, but seriously he was either past his best or needed a bit more practice. I thought I would be given advice, but the only bit I received was that I should treat my children identically. We cobbled something together and I left him to put it all into legal terms. Off I went, but before I'd even got home I had an awful thought. In theory, I could pop off, II could remarry immediately, drop dead straight away, and some gold digging total stranger would have my hard worked for house, money and goodness knows what else. The solicitor had to make amendments before the ink was dry.

The final version (there have been several) of my will has now been signed and witnessed, and I've made it as fair as I could. II will have enough money to manage and will have use of my house which will have no mortgage. He won't fully own it though so I don't have to worry about it getting into the wrong hands! Both children will get something, plus their share of the family jewels, and will have the house proceeds to look forward to, and my brothers' children also get their share too. I'm sure there will be something I haven't considered, and apparently it is too much for a solicitor to think of these things. I came up with all the snags myself and I am certain I could write anyones will for them now, in the correct format, and it be legally binding. After all the stress working it out I think that my initial 9 1/2 years putting it off was completely justified.

The shock I got when the bill arrived almost meant it would have to be actioned. It was twice as much as a 'simple' will, even though I felt like I'd done all the work! It is locked away now though, and even though I normally like to get my monies worth from things, I hope this is something that doesn't have to be used.

If anyone needs a will doing I available to give advice (the first bit being choose your solicitor carefully!)

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