Solicitor insists on visiting

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.)

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

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It is also more private as it would not be published in probate.

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!

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 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.

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!

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.

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)

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.

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.

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

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.

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"!

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.

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?

Sorry G dont think you were overcharged!

Will and POA over 1 grand.!

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.

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!

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!

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

jings right

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!

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

Crossed posts Juggernaut