Need advice on getting a Will completed

dx052

I have spoken to my mother about getting a will organised as she has left it a bit late. My only stumbling block is that she isn’t that mobile as she suffers from Arthitus however her mind is fine and can make decision without help. I was going to get it done at a local solicitors but she can’t travel, can they come to us to witness documentation? And is there alternatives routes to us?

TonyMMM

Many solicitors will be happy to do home visits in cases like this (although the final bill may reflect that).

They will need to speak to her to take instructions about the will contents, they won't take them from you.

Jenniefour

As TonyMM says, solicitors do home visits for this purpose. It will be two visits - one to take your mothers instructions and then she will be sent a draft to check. Then another visit to get it properly signed - your mother and two witnesses. The witnesses will simply observe your mother signing the will, they do not see it's contents, so neighbours are fine. Beneficiaries cannot be witnesses.

DavidPrescott

Have you prepared the will? If not, then you can consult a lawyer. There are many lawyers who do home visits.

jackyann

Just a piece of advice - don't be tempted by 'will writers', who often like to visit your home.
Although opinion varies, your mum could consider a very simple DIY will. If her estate and wishes are very straightforward,you can download documents from someone like Lawpack and get neighbours to witness. It might be sensible to do Lasting Power of Attorney at the same time.
Anything slightly more complicated, then do shell out for a proper solicitor.

somuchindebt

Hello, why would you avoid will writers?

Savvy_Sue

somuchindebt wrote: »

Hello, why would you avoid will writers?

Anyone can call themselves a will writer, so they will almost certainly not be as well qualified as a solicitor. They are likely to have a standard 'offer', and if your circumstances fit well within what they can offer the will may be OK. If you ask for anything different, they may follow your instructions but not advise you of the implications of what you've asked for, which may be catastrophic when the will needs to be acted on. And if it does turn out to be a catastrophe, there's no legally constituted governing body to which you can complain - they may be members of a will-writing association, but that's not quite the same thing. Also if they've gone out of business, you'll be on your own.

Whereas ALL solicitors will have received training in wills - although ideally you need to find one who specialises in wills, definitely not a criminal or employment specialist ... And as part of the process they will ask about your family, your property, and organisations and people you want to remember in your will. They will explain the implications of doing this rather than that. And if they advise you badly or fail to get it signed properly or whatever, there's a body you can complain to. Plus if they go out of business, there's backup.

Mojisola

Savvy_Sue wrote: »

Anyone can call themselves a will writer, so they will almost certainly not be as well qualified as a solicitor. They are likely to have a standard 'offer', and if your circumstances fit well within what they can offer the will may be OK. If you ask for anything different, they may follow your instructions but not advise you of the implications of what you've asked for, which may be catastrophic when the will needs to be acted on. And if it does turn out to be a catastrophe, there's no legally constituted governing body to which you can complain - they may be members of a will-writing association, but that's not quite the same thing. Also if they've gone out of business, you'll be on your own.

Also, many will writer firms use high pressure sales techniques - they start out offering a basic will at a low price but keep insisting on extras that you need until the final bill gets much higher.

unforeseen

Savvy_Sue wrote: »

Anyone can call themselves a will writer, so they will almost certainly not be as well qualified as a solicitor. They are likely to have a standard 'offer', and if your circumstances fit well within what they can offer the will may be OK. If you ask for anything different, they may follow your instructions but not advise you of the implications of what you've asked for, which may be catastrophic when the will needs to be acted on. And if it does turn out to be a catastrophe, there's no legally constituted governing body to which you can complain - they may be members of a will-writing association, but that's not quite the same thing. Also if they've gone out of business, you'll be on your own.

Whereas ALL solicitors will have received training in wills - although ideally you need to find one who specialises in wills, definitely not a criminal or employment specialist ... And as part of the process they will ask about your family, your property, and organisations and people you want to remember in your will. They will explain the implications of doing this rather than that. And if they advise you badly or fail to get it signed properly or whatever, there's a body you can complain to. Plus if they go out of business, there's backup.

Is that why the SRA found that 25% of wills written by solicitors failed to achieve the desired quality

https://www.sra.org.uk/sra/news/press/will-writing-guidance.page

Keep_pedalling

unforeseen wrote: »

Is that why the SRA found that 25% of wills written by solicitors failed to achieve the desired quality

https://www.sra.org.uk/sra/news/press/will-writing-guidance.page

If solicitors are that bad, goodness knows what a similar survey on will writers would have thrown up.

At least solicitors are regulated and beneficiaries have the ability to seek compensation where negligence has occurred.

somuchindebt

Thank you for your advise!