Will Question

localhero

supermonkey wrote:

The firm have actually been very helpful and they have changed wording as requested. I'm happy for it to read:

"I wish my Trustees to consider employing ....

It's worth reminding ourselves that solicitors don't join the Willaid scheme out of the kindness of their hearts. They are of course making a business decision, primarily in the hope that their investment in the scheme will pay off at some point - ie when you die and there is probate work to be had.

I'm not really impressed with the way this firm has gone about it. The words used mean that there is a mere wish/desire that if any solicitors are used then the firm writing the Will should be considered over others.

How many people though 10 years later will feel that they are obligated to instruct the firm, when in fact they aren't? Quite a few I would imagine.

You are paying for a Will and it should be clear. Personally I would insist the clause is removed altogether as it's far too misleading. You either appoint the firm or your family as your executors. The irony here, as the solicitors should appreciate, is that a Will, above all, should be free of any ambiguity.

ukmaggie45

localhero wrote: »

You are paying for a Will and it should be clear. Personally I would insist the clause is removed altogether as it's far too misleading. You either appoint the firm or your family as your executors. The irony here, as the solicitors should appreciate, is that a Will, above all, should be free of any ambiguity.

Given my experience of a solicitor who was named (along with my husband) as Executor to my parents' Estates I agree with localhero.

We will be going to a STEP practitioner to write our wills as soon as we actually have anything to leave - this year, next year, sometime, never.

Actually we now have a STEP practitioner sorting out the mess that solicitor named as co-executor made of everything, so we hope that at least some of the Estates will be released this year.

But please people, be very careful about appointing a solicitor as an Executor!

Errata

How many people though 10 years later will feel that they are obligated to instruct the firm, when in fact they aren't? Quite a few I would imagine

I quite agree. Children who have been appointed executors may be wrongly swayed by this in the false belief that a parent knew exactly what they were doing and "it's what mum/dad wanted". A very easy trap to fall into at a very stressful time of grief and loss.