Solicitor wants to see my mother on her own...

Steves_2

In my mother's will it names the Solicitors as one of the Executors and Trustees along with myself and my brother.

Obviously (so they can't charge without recourse) we want to get a Codicil to remove the Solicitors as Executors and Trustees.

The solicitor is saying she needs to see my mother on her own to discuss and make any changes to her will.

My mother is old. I've explained and she understands and agrees why it's best to remove them but she is flustered by this lone meeting.

Does she have to see her alone without my support? Is this correct and a legal necessity?

McKneff

For the very reason in one of your sentences

'We want to get a codicil removed. Its her will and changing anything in it is her business, no one elses.


He probably wants to know if your mother knows exactly what she is doing and that she is not being pressurised.

dzug1

Not necessarily alone - but certainly without you/your brother present. He wants to know what she wants, not what you want, either for her or yourself. With you present there is too great a risk of that.

But you don't have to use a solicitor to do the codicil - or a new will. So you could by-pass him altogether.

Steves_2

McKneff wrote: »

For the very reason in one of your sentences

'We want to get a codicil removed. Its her will and changing anything in it is her business, no one elses.


He probably wants to know if your mother knows exactly what she is doing and that she is not being pressurised.

I understand that - ie to ensure she is not being pressurised by me, her son, but at the same time - who is there to ensure my mother is not being pressurised and bamboozled by the solicitor?

McKneff

Ask them to have the receptionist in there with her or someone independant if your bothered.

Mojisola

Steves wrote: »

I understand that - ie to ensure she is not being pressurised by me, her son, but at the same time - who is there to ensure my mother is not being pressurised and bamboozled by the solicitor?

The solicitor has a vested interest in keeping the position of executor. Is there someone who will not benefit from the will who could sit in with her and see whether the solicitor is applying pressure?

If not, and your mother does want to change the executor, write the codicil yourselves.

Errata

Attend with your mother and make sure she understands that she can call you out of the waiting room if she feels flusetered or pressurised and can then take time out with you to decide how she wants to proceed.
If, when the new documentation is drawn up, she doesn't like it - she doesn't have to sign it. If she signs it and then changes her mind she can change the documentation.
If you still feel your mother needs to be accompanied, find a private social worker for the job.

Of course, the simplest, easiest and cheapest solution is for someone in the family to type out the will again leaving out the solicitor as one of the executors.

meritaten

I was going to suggest the same as Errata - get someone to type out the main body of the will and then appoint new executors. Have the will witnessed properly and signed and dated - there you have a new will which will make the last one invalid.
Make two copies to be safe and each executor can hold a copy each. - But, if the worst happens I would NOT expect that solicitor to handle the probate for you.

Steves_2

hmm - I didn't think of copying the will - thanks for the suggestion!

Errata

If your mother makes a new will, exactly the same as the current one being discussed but with only you and your brother as executors, she can instruct a different firm of solicitors to assure her that it's correctly worded and ask them to witness her signature.
If she would like the executors to have a copy that's ok, but the original needs to be safely stored. The Probate Registry has a secure storage facility for a one off fee of £15.

AndrewSmith

The solicitor has everything to gain by remaining as executor on the will, as they will charge usually a percentage of the estate for the privelage. If you want confirmation of this, ask the solicitor yourself.

She doesnt have to go to the lengths of a Codicil to remove the solicitor as executor or trustee, merely rewrite the will.

Your mother is perfectly at liberty to have her will re-written by whomever she wishes. It is not for the solicitor to make that decision for her, however the solicitor also has a duty of care to ensure that your mother is acting on her own wishes and not being pressured. He may also want to satisfy himself that she has capacity to act for herself. However if your mother is not happy to visit the solicitor then she merely has to cancel the meeting and arrange for the will to be rewritten.

If your mother has her will re-written (I wouldnt suggest diy) the existing will is then superceded and obsolete as the very first paragraph in the new will should confirm this. This will then remove the solicitor as executor.