Wills: Solicitor appears to be forcing themselves into will

[Deleted User]

Hi,

I recently had a will written by a local solicitor. I expressly directed that the solicitors themselves were NOT to be made executors.

The will now indeed names the executors as my 2 sons, but then goes on to say "I desire that Joe Bloggs Solicitors be consulted on the administration of the estate"

So my questions are, 1) Is this insertion of themselves legally binding?

and 2) Would they be able to charge for this 'consulation'?

Thanks to anyone who can provide assistance.

Mojisola

They're being cheeky!

It's legal if you agree to it and sign the will. Yes, they would charge for any consulting work.

Get them to take that clause out.

MotownFox

Just tell the Executors to do what they think appropriate when they come to act upon your death and if that includes to totally ignore the suggestion then so be it. They are not obliged to do anything with these Solicitors, in fact as mentioned they have a flaming cheek for doing what they have done. Are they offering to store it for you for free as well?

That's another tactic used by Solicitors. When I worked in the Probate section of a Solicitors we had people coming in most weeks to collect a relatives will that had been in store. In the majority of cases I would get the deceased's spouse or usually the family/next of kin to agree that we did the Probate .

[Deleted User]

Yes, they are holding the original of the will.

So the executors can just ignore that statement about consulting the solicitors?

You sound like you know what you are talking about, but i am left with a degree of uncetainty about the situation which leaves me wondering whether to get another solicitor to read this will. Which i can't really afford ;/

Thankyou for the info guys.

Mojisola

DeletedUser wrote: »

Yes, they are holding the original of the will.

So the executors can just ignore that statement about consulting the solicitors?

So you have signed the will with this clause in it?

If so, I think you are committing your executors to consult with the solicitors. As your executors would have to collect the will from this firm, they will put pressure on your sons to "abide by your wishes".

Either get the solicitors to draw up a new will without that clause - should be very cheap as they just need to delete the clause and print the will again - or get the will off them and print off an amended version yourself. If you do this, make sure you understand the rules covering who can witness your signature and how it should be done.

fluffymuffy

DeletedUser wrote: »

I recently had a will written by a local solicitor. I expressly directed that the solicitors themselves were NOT to be made executors.

What they have done is not in the spirit of what you have asked.

Errata

If you have a copy of the will and everything in it is exactly as you want it to be except the solicitors bit, write it out again yourself leaving the solicitors bit out and have your signature properly witnessed.
This will make the will the solicitors hold null; you may want to write and tell them so, but you don't have to. You can safely and securely store your new will for a one off fee of £20 here http://www.justice.gov.uk/courts/probate/depositing-documents-for-safe-keeping

Mojisola

Errata wrote: »

If you have a copy of the will and everything in it is exactly as you want it to be except the solicitors bit, write it out again yourself leaving the solicitors bit out and have your signature properly witnessed.
This will make the will the solicitors hold null; you may want to write and tell them so, but you don't have to. You can safely and securely store your new will for a one off fee of £20 here http://www.justice.gov.uk/courts/probate/depositing-documents-for-safe-keeping

Make sure you change the date so that the new will invalidates the earlier one.

Wherever you store your will, make sure other people know where it is! It's really upsetting when you know someone has made a will but it can't be found after they die.

[Deleted User]

Thanks again for the replies and suggestions. The solicitors have not been paid yet, so perhaps i can get them to remove the offending clause before i do...

DaftyDuck

DeletedUser wrote: »

Thanks again for the replies and suggestions. The solicitors have not been paid yet, so perhaps i can get them to remove the offending clause before i do...

If they have not been paid, and you expressly asked them not to do this, instruct them to remove that clause before paying them. You are prolly being too deferential. "Perhaps"...? Nah, tough voice, and you tell 'em.

(Maybe you can tell I've just been emailing my (excellent) solicitor with respect to a bunch of useless inebriated solicitors who have taken eighteen months to carry out a simple task... and still not succeeded! :mad: ) :D

John_Pierpoint

Mojisola wrote: »

Make sure you change the date so that the new will invalidates the earlier one.

Wherever you store your will, make sure other people know where it is! It's really upsetting when you know someone has made a will but it can't be found after they die.

The solicitor written will almost certainly include a revocation clause: I revoke all previous wills .......

Make sure the one you type out has that revocation clause or you will end up with a will that is a mixture of the two put together.