Writing a will

[Surfer01]

My father exists on his state pension plus a small income from RAFA. He bought one of those DIY will packs from W H Smith and drew up the following will on a sheet of A4;

 

I, Reginald XXX XXX bequeath all my property and assets in the United kingdom to my so, Ian XXXX XXXX if he carries out my instructions which he has agreed to, as follows:

 

1) My body to be conveyed to the crematorium in the cheapest way possible that the law allows.

 

2) No minister, no eulogy, no organ, but cremated without ceremony.

Alternatively to allow

my body parts to be used to help only any ethnic Anglo Saxon

 

3) Should any of the above conditions not be carried out, everything to be given to the British Royal Airforce Association or the S.S.A.F.A. (Soldiers, Sailors, Airforce Association

 

signature......... Witness 1)............................

R X XXXXXX

 

Date............................. Witness 2)............................

 

 

 

The concern here is that (1) is open to many interpretations. The witness signatures do not have any names below them and are only signatures with no names or addresses etc.

 

Can someone please advise on (1) and whether the will is legal because of witness signatures only.

 

Also does any one have any idea of the cost of the cheapest funeral? Thanks

[marmaris30]

Witnesses normally sign, date, and include their full name, current address and profession.

 

I'm afraid that I can't help with funerals. Ask your local council about it, as they most likely run the crematorium and set the fees and minimum standards. If you are concerned that the estate won't cover the cost, ask the council and consider asking RAFA to help.

 

I'm not sure that it would be simple to comply with, or prove compliance with the 'native Anglo Saxon' requirement. He is entitled to specify whatever he wishes of course but it should be as practical as possible. A donation to a University could be worth considering. Only a solicitor would be able to advise with complete independence on such a delicate matter.

[Surfer01]

I was also under the impression that witnesses sign, date and include their full name and current address. I also have a previous will that he had done at a solicitor in South Africa where it simply states that his estate is to be divided between my brother and myself.

[Ford]

1) should be ok?

joint tenants in equity? if so, may pass to other joint tenant first independently of will re survivorship?

executor?

technically, maybe no full name/address/date required?. but, for avoidance of doubt (ie presumption of execution) should include name/address etc re traceability. see wills act s9, and see murrin v matthews 06 re presumption/execution, and need for traceability re execution. particularly, if a will is contested.

 

ps - again for avoidance of doubt, a persons most recent will should include statement revoking all former wills, unless is an amendment/codicil.

 

for avoidance of doubt , suggest father gets independent will advice.

Edited October 2, 2012 by Ford

[Surfer01]

1) should be ok?

joint tenants in equity? if so, may pass to other joint tenant first independently of will re survivorship?

executor?

technically, maybe no full name/address/date required?. but, for avoidance of doubt (ie presumption of execution) should include name/address etc re traceability. see wills act s9, and see murrin v matthews 06 re presumption/execution, and need for traceability re execution. particularly, if a will is contested.

 

ps - again for avoidance of doubt, a persons most recent will should include statement revoking all former wills, unless is an amendment/codicil.

 

for avoidance of doubt , suggest father gets independent will advice.

 

Thanks for the update. I have re-written the will including clause revoking all previous wills etc and also referring to a paupers funeral at minimum costs. If he is happy with it, hopefully it he will sign as the last thing we want is hassles with his estate even though it may be small.

[Ford]

as sole beneficiary, you writing/advising the will may be contentious!

for avoidance of doubt suggest father gets independent advice, partic'y as previous will included brother.

Edited October 3, 2012 by Ford