Do you get a draft will before signing

new_girl

my Mum wanted to update her will no major changes just executors changes and minor legacies, solicitor got her so confused that she ended up signing it but it was nothing like she intended,i have made an appointment to take her back , can i go in the room with her to make sure the will is what she wants or surely they should have sent her adraft copy to check at her leisure and not been rushed into signing it the first time she saw it

Biggles

She could have asked for a draft copy. Maybe, if there were only minor changes, the solicitor didn't think it was necessary.

monkeyspanner

Normally just solicitor and witnesses present. Unlikely you could witness signing unless you were not a beneficiary. Also unlikely solicitor would be happy with you being present when your mum gives him instrutions.

SailorSam

I was in with my Mum and the solicitor when she did her will, it has nothing to do with the solicitor if your Mum says she wants you there, that's it.
Similar to a doctor, it's not unusual for a patient to have someone they trust in the consultation room.

dzug1

Nothing to stop you being there (but only if your Mum wants) - but you telling the solicitor what should be in the will is a definite no-no. As would be leading your Mum as to what to say.

Mojisola

She should have got a draft will sent to her at home so that she had time to look it over and make sure it said what she wanted. Once she was sure the will was right, she should have gone back into the solicitor to sign the will. This is what has happened with everyone I know who has made a will. In some cases, several drafts were required before the final signing.

Errata

dzug1 wrote: »

Nothing to stop you being there (but only if your Mum wants) - but you telling the solicitor what should be in the will is a definite no-no. As would be leading your Mum as to what to say.

The OP may be a beneficiary and I'm almost certain that beneficiaries aren't allowed to be present when someone is making a will.

Biggles

A beneficiary can't witness a will but there's nothing to prevent anyone being present at any stage while it's being drafted.

I'm sure a solicitor or willwriter would want to ensure there was no undue pressure as much as possible (but often all that happens in the privacy of the person's own home anyway). I doubt he would worry about an open discussion if your mother needed your advice.

meerkat2007

My mother and I both went into the solicitor's office at the same time to make our wills: I am her beneficiary, and in the event of my predeceasing her, she is mine.

Errata

Of course, people are at liberty to discuss the contents of their wills with whoever they chose.
A good solicitor would ensure their client is protected from unintended consequences by making certain in a private discussion with the client that they understand the implicatiions of a beneficiary being present during their willmaking.
An example: child A is the beneficiary who is present during the willmaking. Child B is aware of this and for their own reasons child A refuses to discuss the matter with child B. This may lead to the unintended consequence of bad feeling between both the children and also the willmaker.

littlemissbossy

Errata wrote: »

The OP may be a beneficiary and I'm almost certain that beneficiaries aren't allowed to be present when someone is making a will.

My husband and I have just helped his parents amend their wills, we are both beneficiaries and were both present during the process but only after the solicitor had checked they were ok with this.

HTH