A family friend has asked me to type up her hand-written will. She says she is confident that she does not need a solicitor’s help. I noticed that in the document, there is no mention of who the executor will be. Does this make the will invalid? If not, who becomes the executor when the time comes? Which other parties (besides the beneficiaries) need to be expressly nominated in the will?
Additionally:
- must a will be lodged somewhere?
- to whom should the beneficiaries present the will to, when the time comes for it to come into effect?
Finally, how much do you think a fair fee from solicitors would be for assistance with wills?
Thank you very much.
I am from Australia, and would appreciate it if you could advise which country you are replying from.
Are you thinking about selling your home yourself? then
If her intention is to bypass the court, she needs to name an executor. If there is no executor, the court automatically appoints one.
Every estate needs an executor everywhere in the world.
No, the executor does not need to be named, if the intention is to make sure that the only people who really benefit when you die are the lawyers!
I can see a lengthy Supreme Court battle ahead!
Where there is doubt about a will, various duties arise to test the will, that may involve going to court
Even if there is no possible dispute about the Will, if there is no executor, then someone would need to apply for Letters of Administration, making the process less straightforward, and therefore
Many solicitors who do wills charge a fixed fee for dong them, and many will give you a quote over the phone.
Other people who may need to be mentioned in a will, are guardians of minor children, and anyone who is being asked to do anything – like look after pets
Get her to a solicitor straight away!
(I am a Criminal Lawyer in Adelaide – if you are in SA you might here me on 5AA every Wednesday at 11.30am giving people advice about just this sort of thing! I do not do wills – so I’m not touting for business!)
In Australia, you can go to the Public Trustee to make a will. There is no charge. Generally, you make the Public Trustee the executor.
You can also lodge the will with them.
It is important the beneficiaries/ family/ friends to be aware they will need to give notice to the Public Trustee’s office in the event of your passing. The Public Trustee will then execute the will and the estate distribution on the beneficiaries’ behalf. They will look after any fees and legalities in winding up your affairs.
For this, they charge a fee plus costs against the estate.
This is how my father did his will. He went through the Public Trustee because he knew he had a serious problem regarding the title to the family home, and while alive was unable to get it resolved. It was in the "too hard" basket.
The Public Trustee sorted it out… it took over 2 years, but they managed it. It would have cost an absolute fortune to have some lawyer sort it out, I’m sure. A couple had altready tried, and failed, while my father was alive.
Apart from this, you can find free guidelines on the Web explaining how to make a Will. If this friend so desires, go for it, the guidelines explain the position regarding signatories, executors and POWER OF ATTOURNEY.
Good luck.