Wills - solicitors taking 12 months - please help

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  • fifilafluff
    fifilafluff Posts: 15 Forumite
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    P.S no there was no written agreement/retainer signed. We should have thought about this at the time as we've done this before with our conveyancing solicitors, but we just followed their lead and it didn't happen. Won't be making that mistake again!
    fifila fluff

    :beer:
  • pattycake
    pattycake Posts: 1,576 Forumite
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    The time frame is ludicrous. When we made our mirror wills, the draft was emailed to us THE SAME DAY. There were a couple of minor amendments and we returned to the solicitor's office to sign later the same week. On the second occasion we were dealt with by the secretary as there was no need to involve the solicitor. It was just signing and witnessing.

    This was not using Will Aid but the costs were not significantly more than you have paid.
  • loulou41
    loulou41 Posts: 2,871 Forumite
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    My daughter used will aid she was sent the draft for approval. She had to go in and get it signed and witnessed. The firm also stored the will for them. It was not a basic will as she had to appoint guardian for her son. I am not sure how much was the donation but it was not more than £200. I would copy the draft and make adjustments as necessary and then print, dated and get it witnessed by two people. If you have been sent the draft by email can't you just do the corrections online and then print.
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    loulou41 wrote: »
    My daughter used will aid she was sent the draft for approval. She had to go in and get it signed and witnessed. The firm also stored the will for them. It was not a basic will as she had to appoint guardian for her son. I am not sure how much was the donation but it was not more than £200. I would copy the draft and make adjustments as necessary and then print, dated and get it witnessed by two people. If you have been sent the draft by email can't you just do the corrections online and then print.

    If you have been sent the draft as a locked .pdf file you can usually convert it the a Word document using one of the online tools eg:-

    https://www.online-convert.com/
  • fifilafluff
    fifilafluff Posts: 15 Forumite
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    Thank you for the replies.

    I contacted Will Aid and they responded very swiftly and have contacted the solicitors to see what has happened. They said that this particular firm has raised a lot of money fro them over the years and they feel sure it must be an administrative error (not sure I agree). They have said someone from the firm will contact me shortly and, if not, to get back in touch with them.

    In the meantime, I'm going to amend and print the the drafts I have and sign in the presence of witnesses.

    Thank you for your help. I will keep you posted with what happens.
    fifila fluff

    :beer:
  • Margot123
    Margot123 Posts: 1,116 Forumite
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    Wouldn't it have been simpler, and quicker to have drawn up a new will with a different solicitor? If you have no faith in the one you previously used, how are they going to be when 'the time comes'? Start adding your own amendments, and that will only add to problems. I know you would loose out on the payment but it would be worth it.
  • fifilafluff
    fifilafluff Posts: 15 Forumite
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    Yes, we did consider this ... but really, we shouldn't have to.
    By amendments I don't mean wording, just changing the percentages/distribution of a few things.
    We regularly use another solicitors firm for conveyancing and business work (I wish we'd gone with them for this as they are really excellent, however they are no longer local to us). We'll be asking them to check and store the Wills. You're right, I absolutely do not Trust the firm we used through Will Aid for when the 'time comes'.
    fifila fluff

    :beer:
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    Write and make a formal complaint.
    I'd suggest including a time line showing the dates you attended, the dates of any letters or e-mails etc.
    Ask that they make the amendments requested and do forward the wiils to you to sign within the next 14 days.

    Look on their website (if they have one) and send the complaint to the head of the Private Client department (if they are identified) or to the Senior Partner (if identified)

    Even though you were doing the will via will aid and were donating to charity rather than paying them directly they still have an obligation to act professionally and you would be entitled to contact the Legal Ombudsman if they don't respond to you complaint.

    Keep a copy of the letter you send them.

    In the letter, be clear about what you want (I'd suggest that you ask for an apology, for the wills to be finalised and returned within 14 days and perhaps to say specifically that if they do not respond within the timescale you've given, that you will be making arrangements to instruct another solicitor and will look to them to cover the costs incurred in doing so.

    My guess is that either the person you saw has since left, or that they closed the file when they should not have done so, but that is no excuse for them to not complete the work.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Margot123
    Margot123 Posts: 1,116 Forumite
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    fifilafluff wrote: »
    Yes, we did consider this ... but really, we shouldn't have to.
    By amendments I don't mean wording, just changing the percentages/distribution of a few things.
    We regularly use another solicitors firm for conveyancing and business work (I wish we'd gone with them for this as they are really excellent, however they are no longer local to us). We'll be asking them to check and store the Wills. You're right, I absolutely do not Trust the firm we used through Will Aid for when the 'time comes'.
    It's not really a question of 'shouldn't really have to'. Actually you need to address the issue of not having a will reflecting your wishes.
    It would cost c. £120-£200 for another solicitor to draw you up a will within a couple of weeks at the most.
    Think of the worst case scenario: you have a stroke, get run over, suddenly drop dead! Being stubborn over the Will Aid will won't help. Sorry to be blunt but that is reality.
    A friend of mine had no will as he was under 40, apparently healthy and didn't think anything would happen to him, he suffered a massive heart attack and died within days. The rest you can imagine.........
  • fifilafluff
    fifilafluff Posts: 15 Forumite
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    Thank you Margot123, but what is done it done. It's probably not helpful to think about 'what we should have done'. Rather, I'd prefer to spend my time and effort trying to get things sorted in the here and now.


    TBagpuss, that is helpful, thank you. I will definitely draw up a time line and do a letter. Interestingly the person has not left, she actually emailed me today, following the contact she had from Will Aid, and we have a telephone appointment scheduled for tomorrow. Fingers crossed it will all be sorted soon.

    Thank you for all the replies. I do really appreciate it.
    fifila fluff

    :beer:
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