I know some will say there is no such thing as a "simple" will, but what are your thoughts about this scenario?
My wife's aunt is 76, and has terminal cancer, and we're expecting a few months, or less. She has two siblings in their 70's, who are reasonably healthy.
She owns her own, modest property, but we understand she has some kind of loan on the equity. Other assets are minimal.
She has no will at present, she wants to leave the property to my wife (her niece), and the siblings do not want anything from her estate. They are both in a comfortable position, and have no need for anything from their sister. I believe they also don't want to have to deal with the financial aspects of their sister's passing. There are also another niece and nephew (my wife's cousins), but my wife was much closer to their aunt. She (the aunt) will probably want them to get something, but does not have a good grasp on finances and the implications of the equity loan, i.e. how much she is actually worth.
Her brother has been advised it will cost c. £1000 to get a solicitor to come out to her address to do her will, and they have asked me if I could do it. I have acted as an executor for a more complex situation, and am comfortable that I can do so in this case. The aunt has full confidence in my wife and I (well-placed ) that we will "do the right thing" with regards to ensuring that the niece and nephew, and our own children receive something, and that any items remaining in the house that none of the family want will go to a designated charity. We plan to cover this in an expression of wishes, with the siblings providing support to their sister in putting that together.
Following earlier threads, I have asked Bard to create a draft, to give me a starting point
I, [your name], of [your address], being of sound mind and body, do hereby make, publish and declare this to be my last Will and Testament, hereby revoking all Wills and Codicils by me at any time heretofore made.
I appoint [name of executor] as the executor of this my Will.
I give, devise and bequeath all of my property, real and personal, of whatsoever kind and wherever situated, to my niece, [name of niece].
In the event that my niece predeceases me, then I give devise and bequeath all of my property, real and personal, of whatsoever kind and wherever situated to their surviving child or children, in equal shares.
I have signed this Will this [date] day of [month], [year], at [place].
[Your signature]
Signed, published and declared by the above-named [your name] as and for his last Will and Testament in our presence, and we at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses, this [date] day of [month], [year].
[Signature of witness]
[Signature of witness]
Because the detail of her finances are not clear, I feel this approach is the best way to handle it. The key factor being the degree of trust that the aunt and her siblings have in us.
Note the reason the aunt does not want a solictor out is not just the cost, but also her health and not being comfortable to meet anyone in her current or worsening condition.
I do have a couple of concerns about the wording provided by Bard....
i) being of sound mind
She has had some mental health issues in the past, primarily due to alcohol abuse, but she has been making her own financial decisions.
ii) and body
her body is definitley not sound!
Any advice would be aprreciated!
regards
elkay