Will - Procedure at Solicitors?

Mojisola

roxy28 wrote: »

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?

Yes, she should get a copy first so that she has time to look it over and think about it before being rushed into signing it.

nom_de_plume

RAS wrote: »

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

I have read quickly through this link and a further link on that page. Nowhere have I spotted that the Court will automatically search for a will held by them when probate is applied for. Can anyone advise whether this does happen or do they just provide a storage facility?

nom_de_plume

RAS wrote: »

My mum's will was held by the solicitors.........

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

Not quite the same scenario but a relative's will was prepare by a solicitor and she was given the original to sign and keep.
On her death, I emailed the solicitor asking if they knew of any newer will than the one dated xxxx and had a reply back within 24 hours confirming they knew of nothing newer.

As mentioned elsewhere, there's good and bad....

roxy28

Mojisola wrote: »

Yes, she should get a copy first so that she has time to look it over and think about it before being rushed into signing it.

She was told no copy to look over to make any changes before signing, is that strange or bad practice?.

Mojisola

roxy28 wrote: »

She was told no copy to look over to make any changes before signing, is that strange or bad practice?.

I think it's bad practice.

It takes time to check through a will - not just to make sure that all the names are spelt correctly and that the solicitor has actually got all your wishes correctly laid out but so that you have time to think again and be sure that you're happy with your decisions.

roxy28

Mojisola wrote: »

I think it's bad practice.

It takes time to check through a will - not just to make sure that all the names are spelt correctly and that the solicitor has actually got all your wishes correctly laid out but so that you have time to think again and be sure that you're happy with your decisions.

Thanks, I can agree with that, she needs to make another visit to explain this which really should not come as a suprise to a competent solicitor.

Mojisola

roxy28 wrote: »

Thanks, I can agree with that, she needs to make another visit to explain this which really should not come as a suprise to a competent solicitor.

She shouldn't need another visit - a phone call asking for a copy to be sent to her should be enough.

madbadrob

I know this sounds like a daft question but are you sure she saw a solicitor and not a will writer? I cant imagine a solicitor saying there is no copy to look over however I suppose they could argue that the person making the will may not understand the legalese within it.

Rob

roxy28

madbadrob wrote: »

I know this sounds like a daft question but are you sure she saw a solicitor and not a will writer? I cant imagine a solicitor saying there is no copy to look over however I suppose they could argue that the person making the will may not understand the legalese within it.

Rob

Yes it was the firms solicitor but does sound bad practice.

Mojisola

madbadrob wrote: »

I know this sounds like a daft question but are you sure she saw a solicitor and not a will writer? I cant imagine a solicitor saying there is no copy to look over however I suppose they could argue that the person making the will may not understand the legalese within it.

But what she could do is make sure that names and addresses are spelt correctly, where relationships are noted that they are right, the amounts/percentages are as she wanted, etc.