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Trying to get a will done quickly - person in hospital
Johnmcl7
Posts: 2,851 Forumite
I've had a good read round the forums and it seems fairly clear that online and DIY wills are not a good idea, instead talking to a local solicitor is the proper way to do it.
My problem is my Dad is currently in hospital struggling with an infection after hip surgery, no-one in the hospital thinks it's anything terminal but I hadn't realised my Dad doesn't have a will and he wants to get that sorted in case the worst happens. Unfortunately we've had the bad news that he's had a fall and damaged the hip so he's going back into surgery tomorrow (the second surgery went fine but the third one didn't and he ended up in ICU after that), I'm going to see him this afternoon and he's going to want to get his will sorted.
What options are there to do at his bedside? He has it in his head that he can just dictate it and we can record it but from what I can see, that is legally worthless. Can we write down what he wants, take it to a solicitor and get it drafted, bring it back to him, get him to sign it and then progress the rest of it? I don't know if solicitors offer any option to go to the hospital themselves and take the details down. I won't call the will 'simple' but I would say it's conventional, he wants my Mum to live in the house and a share of his money given to each of his children.
I had read through the will guide here and was thinking of using the Which? service to get a will done quickly and then if everything goes ok with him this week, we could then work on getting a proper one done. However on reading other topics on here people seem to consistently recommend against this approach.
Any thoughts or advice appreciated,
John
My problem is my Dad is currently in hospital struggling with an infection after hip surgery, no-one in the hospital thinks it's anything terminal but I hadn't realised my Dad doesn't have a will and he wants to get that sorted in case the worst happens. Unfortunately we've had the bad news that he's had a fall and damaged the hip so he's going back into surgery tomorrow (the second surgery went fine but the third one didn't and he ended up in ICU after that), I'm going to see him this afternoon and he's going to want to get his will sorted.
What options are there to do at his bedside? He has it in his head that he can just dictate it and we can record it but from what I can see, that is legally worthless. Can we write down what he wants, take it to a solicitor and get it drafted, bring it back to him, get him to sign it and then progress the rest of it? I don't know if solicitors offer any option to go to the hospital themselves and take the details down. I won't call the will 'simple' but I would say it's conventional, he wants my Mum to live in the house and a share of his money given to each of his children.
I had read through the will guide here and was thinking of using the Which? service to get a will done quickly and then if everything goes ok with him this week, we could then work on getting a proper one done. However on reading other topics on here people seem to consistently recommend against this approach.
Any thoughts or advice appreciated,
John
0
Comments
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I don't work in the Wills department but I do know at the practice I work at our solicitors offer a home/hospital service. I'm not sure how much they charge, if it is more or not but I remember booking a home visit appointment and just checked the file. The client was charged the same as a normal Will.
It may be worth telephoning a few solicitors for their charges or even asking people in the local area for recommendations.
ETA: Our office is based very close to a well known cancer hospital and our solicitors will offer priority services to clients who are terminal and have seen a few Wills handwritten by the solicitor when there isn't enough time to get back to the office to have it typed up. Not relevant to your matter but I thought it may help others in future.0 -
Thanks for your reply, I've spoken to a local soliciator my Dad has used previously and they've gone through what's needed in a will and asked us to send all the information to them so they can get something together quickly now. Then afterwards they can update or revise it as my Dad wants when he's hopefully better.
John0 -
Most solicitors will visit and can do a will urgently if need be. They will either take instructions from him by phone, show up with a draft, or show up with a laptop and printer and do it at the bedside, or hand write it.
The solicitor will probably bring their secretary or other colleague along so they have two witnesses for the will, too.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
I think it's all sorted now, the draft will the solicitor prepared has been signed by my Dad and organised two witnesses (meeting all the rules I could find) to do their part. If it all goes fie with the surgery the solicitor will come in and see my Dad in person but he's certainly a lot happier to get this sorted before he goes back into surgery.
John0
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