Solicitor insists on visiting

You do not have to sign a will in front of a solicitor, that's what the witnesses are for. And that's a bit steep for a will - I paid far less just a couple of years ago.

However your solicitor does have to know that you are of 'sound mind' when you make this will in case one of your children dispute the will when the time comes. Solicitors are, in law, allowed to make that judgement, so I'm guessing that's the reason.

I read recently of a case where mother and daughter had fallen out many years earlier, and when she died, the mother - in perfectly sound mind - left nothing of her sizeable estate to the daughter. The daughter made a legal challenge, and the court found in her favour. I guess that's worried the will makers, Galen!

Please leave a kind letter of wishes to explain your decisions that way the least harm is done and the best protection offered in case of a contest of the will later.

It is also more private as it would not be published in probate.

Get a life Galen. Anyone who has had to deal with legal matters over the last few years, parents estates, partners, whatever knows that a legal executive has to witness the signing of the documents. Thank yourself lucky that she has offered to come out at no extra charge and that you don't have to travel miles to the nearest town to the office

DH and I re-did our wills last year with a local solicitor and only paid around £100. They are very straightforward, all to the surviving spouse then equally between our two sons. (Apart from DH's vintage guitar which will have to go to DS1.)

Actually westieyaya you don't have to get a legal executive to witness a will - any two independent witnesses will do., as long as they both witness you sign the will and then see each other sign as witnesses. As for the simple online wills, I would treat these with caution as in my experience they will either insist on being named as one of the executors (and then charge a huge fee for acting as such), or they will offer to hold the will and then charge a fee to release it. I was involved in one case where the online will makers had gone out of business and the original wills could not be traced - this led to a lot of additional expense for the grieving family in getting the copy of the will accepted by probate. As I said previously I worked as a legal executive for over 20 years, including drafting simple wills, however when I came to remake my will following the death of my husband I used a local solicitor to do so as I was not up to date with the current forms.

My husband has a chronic condition and is on oxygen 24/7. We recently redid our wills and took the opportunity to do the POA at the same time. I saw the legal assistant at the solicitors office and she and a colleague came out to our home to go through the wills and for us to sign as my husband couldn't get to the office. She went through the POA and explained everything and when they were ready to sign, she and the senior partner came to our house. He had to satisfy himself that we were of sound mind etc. before we signed. The solicitors didn't charge at all for the home visit and we were able to ask questions in the comfort of our own home. All in all a very good service.

I don't agree about a "letter of wishes". In too many cases it has opened up the proverbial can of worms. Wills should be as clear and as simple as possible.

When in B&Q last week, I was stopped by a guy from Air Ambulance saying I could have a will done for a donation. I asked what the minimum donation would be was told £40. I have a home made will so gave my details. I have had a phone call since asking for an appointment in my home. I have put it off but they will call again next week. Has anyone experience of this. My will is difficult as I only have distant cousins who I have only contacted recently. I have good friends but they are all older than me. So deciding what to do is difficult. Has anyone experience of this kind of thing?

Marieeliz Make a donation to Air Ambulance if you consider them a worthwhile charity and you would have made a donation anyway.
Then find a solicitor whom you trust and like (yes, there are some) and get your will done properly.

I really dislike this emotional blackmailing by charities, where they pass on business to third parties by making you think you are supporting them

I am off to add "Get a life" to the thread, "Does it annoy anyone else". What an insulting thing to say to anyone in a reply!

When you sign a legal document such as a will there has to be witnesses who need to witness you actually signing it & they then have to sign as witnesses..
As the legal representative of the firm it's usual for you to go into the office to sign it..Why not do that if you don't want her to come to the house?

I have recently made a will and my solicitor made this suggestion. I have been estranged from one of my daughter's ( her decision ) for more than a decade. My will leaves my estate to my other daughter or in the event of her death my grandchildren. It names my other daughter (to acknowledge her existence ) as apparently it would be argued that my mind wasn't 100% and I could have overlooked her. But in the will it states I am choosing not to leave her any inheritance. My grandsons are mentioned for the fact of is both my daughter and myself were to die at the same time then her inheritance from me could automatically go into her estate which her husband would then inherit. I have a good relationship with him but want the money to go directly to them in the event of that.

The cases where a judge over rules the testator are few and far between and usually involve cases where money has been promised to a child if they worked in a family business for a pittance, or give up their house to look after the testator and other simillar circumstances, and then they are cut out of the will. It isn't done just because a potential legatee feels aggrieved.

I am off to add "Get a life" to the thread, "Does it annoy anyone else". What an insulting thing to say to anyone in a reply!
Yes it does Elegran
Especially when the person to whom it was addressed has had and is still having a very fulfilling life - probably more so than whoever posted that rude remark.

And if a person is not having an active and fulfilling life due to whatever reason, it is very unkind and could be distressing.

I mentioned on another thread that our local solicitor, a well-known and reputable firm, established for 170 years, drew up our wills through the charity Cancer Research, perfectly in order as far as I can tell, took no less time than she would have done normally, took great care, and we made a donation to the charity in our wills. It cost us nothing to do this.

The Air Ambulance would not do the will, Marieeliz, they would give you a list of solicitors who participate in the scheme and you can check them out and choose one that you trust.

If you had heard some of the conversations between relatives at the bedside in hospital that I have, you would take every precaution (including a home visit) to ensure your wishes cannot be challenged after your death. I could write a book.

Relatives and woodwork come to mind Izabella

That 'get a life' remark has annoyed me, too, Elegran. The point could very easily have been made without insulting anyone. It's this sort of thing that puts folk off posting.

Very rude I agree and the so-called 'legal' point she tried to make was completely inaccurate too as most of us know.

I

Quite! I feel insulted!

"Get a life Galen. Anyone who has had to deal with legal matters over the last few years, parents estates, partners, whatever knows that a legal executive has to witness the signing of the documents." (quoting westieyaya)

Do you know what a downright stupid thing is to say to someone Galen?

Perhaps you haven't been on Gransnet long enough to realise just how stupid.

It's a very childish phrase anyway. Are you a teenager?

That should have read "...to someone like Galen"

Thank you Jingle
They obviously are unaware that I am a member of HMCTS

They have obviously never met you in real life, either, or they wouldn't have dissed you.

If the assistant needs to witness your signing the will, Galen, I don't know why you can't go to the solicitor's office and do it there, rather than the assistant having to come to your home. But you've already said it's ok. So I hope she does, in fact, keep it short and you get it done w/o any issues.

Jings, I know they're not trained to identify dementia, and so forth. But I believe there's a definite formula for deciding if a person is of (legally) sound mind, as another poster described, asking you what year it is and so on.