Solicitor insists on visiting

I think she has professional responsibilities to ensure that she is dealing with you and not being hoodwinked by someone else. I think, for the sake of ensuring your family get what you intend and don't fall out in a lengthy and costly Jarndyce -v- Jarndyce row that you either visit her or she visits you.

My partners father is leaving him money but nothing to either of his daughter's who cut him out of their lives when he left their mother. I hear something recently on radio about challenging wills and saying you should leave a written explanation with the will if there is an thing which could be challenged/seem unfair. Wasn't there a recent court case?

It's to check that you are sure about the terms and are not being coerced in any way.
Is she a solicitor, or a legal assistant?
If she's a registered solicitor, it's all part of her professional responsibilities.

I believe this is standard practice Galen. Solicitor has to see the document being signed/witnessed, and satisfy herself that you are not being coerced into signing. If you don't want her coming to the house, you should arrange to meet at her office.

Crossed posts Juggernaut

No they don't have to see it being signed. She's a legal assistant working for a firm of solicitors.

You are not being unreasonable. It's your will. You are of sound mind. Her job is to nail the thing together. You give he instructions.

Tell her you don't need or want advice. Tell her to get on with it.

Btw. A home visit will cost money. Kerching!

jings right

We have just made up to date wills, and POA, Scottish law .

Went to the office and advised the lawyer of our wishes.

Like G we are of sane mind and within the remit of the law as it exists now in Scotland told her our wishes. Like G it also involved a differential split of the assets to the children.

A copy was emailed to us and we went to the office to sign with lawyer present.

I would find it unnecessary to have a junior visit!

Maybe she wants to see if you make a good cup of coffee. Stick to Rich Tea biscs

No it's actually an all in fee whether she visits or not. £435 ( rip off merchants, as bad as consultant doctors)
I'm actually beginning to wonder if I am of sound mind?
I'm doing the 'wandering into a room and wondering what I came for ' sort of thing.
I've actually told her she can come now but told her to keep it short.
I'm getting to be a curmudgeonly old woman!

DH and I have very simple wills, everything to the other, and failing that, our DS, who is a solicitor, so our wills came for free, a partner in his firm did them for us!

You are very lucky in the UK that you can choose to disinherit, partially or totally, any (adult) child. In most countries, they are entitled to 50% of your estate, to be shared equally, upon your death- even if your DH survives you- unless a very specific will has been made- to which all children have to agree, that the surviving spouse will inherit 100% and then sibblings will share equally upon his/her death.

Sorry G dont think you were overcharged!

Will and POA over 1 grand.!

Just because we all know you are of sound mind Galen doesn't mean someone can't be sitting there as you phone the instructions with a gun at your head telling you to change the will in their favour. also I think you do need witnesses to a will don't you still who have no interest in the will themselves?

Your signature has to be witnessed by two independent witnesses (ie not related to you or each other and who will not be beneficiaries). A solicitor does not have to actually be present at the time. That is how we did ours - our friend, who is a solicitor, has our Wills in his safe, but was not present when we signed them, he just checked that they were correctly worded.

You know you are compos mentis, but I guess they cannot be sure unbless they meet you! - perhaps they are trying to avoid your offspring going through a lengthy court case to challenge the will.

Be gentle with her! - she is only an assistant and will be under orders!

Interestingly a friend of mine has a son/now daughter - we are all struggling to remember to call her "she"!

That is expensive for a straightforward will. Get her to pop out for some shopping for you while she's there. Or hoover and dust round.

My sol charges about£100 for a will.
Having worked there it's done for free.

When I made my will the solicitor, who didn't know me, asked questions to ensure I was of sound mind (!) such as what year was it, who was the prime minister etc. She also went through the will with me, clause by clause, and explained everything - this despite the fact that I worked as a legal exec. for over 20 years and had drawn up simple wills myself. If, in the far distant future Galen, someone seeks to dispute your will the solicitor can confirm you were of sound mind and fully understood any implications. It is actually done in order to ensure that your wishes are carried out.

It is the same as the consultant telling you all the possible consequences of the op you are about to get - you probably know most or all of them already but it has to go on record that you have been told.

So what about online wills, many of which are perfectly good? I would be very annoyed if a solicitor took it upon himself to test my brain power. They are not trained to distinguish between natural older age forgetfulness, and dementia. Or anxiety induced panic. (Similar to white coat syndrome)

Yes, anyone can make a will on a will form, online or on the back of an envelope and if it is properly witnessed it is legal BUT most disputes about will are caused by these 'simple' wills for simple estates.

Wording in a will has to be very precise and free from any doubts about exactly what is meant. All of us, all the time, say and write things that have an implicit back story that we know the person who hears or reads it will fully understand and add to their interpretation of our communication.

Once you are dead your will has to be read and the wording absolutely clear on the face of it and not dependent on your child, or DH/W, or friend telling someone what you really meant. There needs to be absolute certainty that you were fully in your right mind when you made it and not under any kind of coercion. If a solicitor has any doubts on any of these factors they can and will ask for a medical report and need to do so.

It is very easy to get on one's high horse when you are the will maker jingl, but most people feel different when they are at the receiving end of a will that they suspect was made by someone one withot capacity or under duress. This problem has arisen in several GN threads.

When I wanted to make a change to my will, I received a phone call at work warning me that my request was unusual and was I sure. I objected to being expected to discuss private matters in front of a room full of colleagues! I answered sort of in code, which seemed to satisfy him.
I had no idea that this sort of checking took place, although I can see the point in case of future contesting of the will. A home visit seems ridiculous! Hope you will convince her of your sanity Galen!

I Wasn 't getting on any "high horse" Monica, and I certainly didn't mean diy wills. There are solicitors online offering perfectly good, and reasonably priced, services.

I started a thread yesterday covering all aspects of will making, which I hope some will find helpful.