Will - Procedure at Solicitors?

roxy28

Aunt went on tuesday to make a will, as she says a fairly simple one. After giving the instructions to the solicitor the solicitor then said i will draw up the will and see you next week, we can then go through it together and get it signed.
Should a copy be sent out first for any amendments? also if she stores it with the solicitor does she get a copy of the will.
I know all these things should have been asked/explained, just a heads up before she calls back in before her appointment if you can.

RAS

The sensible thing to do is to get the original lodged with the Probate Registry http://www.justice.gov.uk/courts/probate/depositing-documents-for-safe-keeping

Who has she apoointed as executors?

roxy28

Ok thanks.

younger brother and sister executors.

By the way whats wrong with a solicitor for storage or you mean its safer regarding your link,.would it be more complicated to request the will when its time.

RAS

roxy28 wrote: »

Ok thanks.

younger brother and sister executors.

By the way whats wrong with a solicitor for storage or you mean its safer regarding your link,.would it be more complicated to request the will when its time.

My mum's will was held by the solicitors; although none of the staff she knew worked there any more.

It took 8 months to get them to release the will even though they were not executors.

We had to pay IHT and had to appoint our own solicitor instead of doing the probate ourselves; banks will release money to pay HMRC for IHT via a solicitor but will not let ordinary people do it.

The solicitors lied about various things (like whether one of the executors was still alive).

That little lot cost a 5 figure sum.

roxy28

RAS wrote: »

My mum's will was held by the solicitors; although none of the staff she knew worked there any more.

It took 8 months to get them to release the will even though they were not executors.

We had to pay IHT and had to appoint our own solicitor instead of doing the probate ourselves; banks will release money to pay HMRC for IHT via a solicitor but will not let ordinary people do it.

The solicitors lied about various things (like whether one of the executors was still alive).

That little lot cost a 5 figure sum.

That sounds bad you should be able to trust a solicitor just like a doctor should you not? but there is another saying i here more of now, it is " dont trust anyone " Regarding the made out will should she get a copy even if she does not store it with the solicitor.

Icey77

RAS wrote: »

We had to pay IHT and had to appoint our own solicitor instead of doing the probate ourselves; banks will release money to pay HMRC for IHT via a solicitor but will not let ordinary people do it.

The Nationwide were very helpful and raised a cashiers cheque for DH to send to HMRC for IHT. There was a form to fill out, sorry can't confirm which one as DH did it all.

No solicitor involved at all.

troubleinparadise

roxy28 wrote: »

That sounds bad you should be able to trust a solicitor just like a doctor should you not? but there is another saying i here more of now, it is " dont trust anyone " Regarding the made out will should she get a copy even if she does not store it with the solicitor.

Yes, she should get a copy of it without any problem - she is paying for it after all!

troubleinparadise

RAS wrote: »

My mum's will was held by the solicitors; although none of the staff she knew worked there any more.

It took 8 months to get them to release the will even though they were not executors.

We had to pay IHT and had to appoint our own solicitor instead of doing the probate ourselves; banks will release money to pay HMRC for IHT via a solicitor but will not let ordinary people do it.

The solicitors lied about various things (like whether one of the executors was still alive).

That little lot cost a 5 figure sum.

Not quite right - ordinary people (non-solicitors) can do this through banks (and building societies) from the deceased's accounts to pay HMRC directly - I did that through NatWest.

There is a Direct Payment Scheme, using Form IHT423, which needs to be completed and given to the financial institution involved:

http://www.hmrc.gov.uk/payinghmrc/inheritance.htm#8

madbadrob

There are a number of reasons why I would not store my will with the solicitor and one or two have been mentioned above. Another is what happens if the solicitors go bust or close due to deaths of partners or even partners leave and set up their own firm taking from their original firm certain areas? All of the above has happened in my own town over the last 18 months. I would lodge the original with the HMCS service.

Yes you should get a copy from the solicitor if you leave it with them.

Regarding the negative press on here about solicitors you should remember this is a small minority and I would ask why people are on here bemoaning using the solicitors and have not made claims to the law society? All in all like in any profession there are good and bad.

Rob

roxy28

troubleinparadise wrote: »

Yes, she should get a copy of it without any problem - she is paying for it after all!

Ok thanks i will pass on the info.

roxy28

madbadrob wrote: »

Yes you should get a copy from the solicitor if you leave it with them. Rob

Or as above even if you dont store it with them.