How do we convince our elderly father to sign a straightforward will?

My dad, who’s 84, doesn’t want to sign a simple will I typed up for him. He’s a working class man who thinks wills are only for rich people.

The only item in the will is his house, which will be split 50/50 between my brother and I anyway. We’re only trying to bypass the long delay in getting the property.

Also, it’s damp and if it’s left too long it will need a lot more money spent on it to rectify things (which we’ve told him).

We have both assured him that there’s nothing underhand going on in any way.

We’ve asked him a few times if there’s a reason why he doesn’t want to sign it and he says he just doesn’t want to.

He gets confused about things these days, not dementia or anything, just old age.

Both my brother and I have our own wills so our children don’t have a lot of hassle after we’re gone (we’ve told him this too).

I would appreciate it if you could please give us any tips as to what we can say to him so he can see that it’s the best thing to do.

We love him dearly and would not want to do anything that would upset him.

Tanya Jefferies, of This is Money, replies: I appreciate you want the best for your dad and are being practical about his property, but you should not try to make anyone sign a will.

Among other reasons, trying to influence him could call the validity of the will into question if he does end up following your wishes.

But, although it sounds like you have already done so, it could be worth another attempt to persuade him to sort out the damp in his house, as this could be damaging his health.

You might want to show him this NHS webpage, which says elderly people are among the groups most affected by damp and mould in their home. 

We asked a legal expert to answer you regarding your father’s refusal to sign a will, and explain what will happen to his property if he dies without one.

Jane Sutherland: If it’s clear you and your brother are the only beneficiaries, it should not take longer to sort out the estate whether there is a will or not

Jane Sutherland, partner and specialist wills and probate solicitor at Nelsons, replies: There can be many different and varied reasons why someone does not want to make a will.

They may, for example, think it isn’t necessary or don’t want to think about it as it involves confronting their own mortality.

Your father is, of course, free to make his own decision and, provided he’s aware of the implications, should not be put under any pressure to do this.

There’s also the possibility that he may have already made a will or thinks of it as his own business and does not wish to discuss it at the moment. 

Are ‘homemade’ wills a good idea?

I would always advise against the making of ‘homemade’ wills as these can ultimately cause more problems than they solve, and strongly recommend contacting a solicitor.

It’s easy to use technical wording incorrectly and, for example, inadvertently create trusts instead of leaving inheritance absolutely or create unnecessary tax liabilities.

If your father does make the will you’ve drawn up for him, it is possible that this could be contested after his death on the basis that undue influence or pressure was placed upon him to sign it, or that he did not fully understand or approve of its contents.

You mentioned that your father gets confused sometimes. It would therefore be sensible for a solicitor to draw up his will for him so they can assess his capacity, which would help to prevent any claims that the will was invalid.

Additionally, a will must be signed, witnessed and dated in accordance with legal requirements for it to be valid and a solicitor would be able to assist you throughout the process.

If your father makes a will, this will enable him to appoint the people he chooses to act as his executors to administer his estate and set out how he wishes it to be inherited.

It may well be that he wants to leave his estate to you and your brother. Alternatively, he might prefer to leave some, or all, of it to grandchildren or others – without a will, this would not be the case. 

What happens if your father dies without a will?

If your father passes away without leaving a will, the law of intestacy will govern how his estate will be inherited.

You didn’t mention your father being married; therefore, I assume he’s either single, widowed or divorced, meaning the rules of intestacy state his estate will be inherited equally between his children.

This will include any children he might have other than you and your brother, even if they’re estranged.

Additionally, if your father had any child who died before him, their share will be inherited by their own children and not by you and your brother.

It’s worth noting, if your father is still legally married but separated from his wife at the time of death, intestacy would leave his estate to be inherited either entirely by his spouse, or to be shared between the spouse and children – depending on the value of the estate. 

What about the issues with your father’s property?

In regards to your concerns about the possible delay in dealing with the property’s damp due to the absence of a will, provided it’s clear you and your brother are the only beneficiaries it should not take any longer to administer the estate whether there is a will or not. 

Can a will be drawn up during the coronavirus lockdown?

While there are a few challenges to making a will while we’re in lockdown or socially distancing, it’s still entirely possible to do this provided all appropriate precautions are taken when the will is executed.