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Help with making up a Will
dx052
Posts: 384 Forumite
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?
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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?
Any good local solicitor will be more than happy to visit your mother in her own home, in fact they prefer to do this when the person is considered vulnerable.
It is not just a good service to provide but they have to assess situations more thoroughly ie is the person confident in what they are doing, are they comfortable with preparing a will, do they have capacity etc?
Solicitors have a legal (and moral) obligation to ensure the will is being written in accordance with the testator's wishes, and without influence.
My elderly Mum's solicitor insisted on seeing her in her own home when she drew up her will. There was no additional cost but some may charge.0 -
I was going to get it done at a local solicitors but she can’t travel, can they come to us to witness documentation?
You won't need to pay the solicitor to come out to witness her signature - any two friends/relatives/neighbours can watch her sign her name and sign themselves as witnesses.
The two people must be present together when she signs the paperwork.
Anyone who is a beneficiary in the will or the spouse of a beneficiary shouldn't be a witness - they will lose their inheritance if they do.0 -
Any good local solicitor will be more than happy to visit your mother in her own home, in fact they prefer to do this when the person is considered vulnerable.
It is not just a good service to provide but they have to assess situations more thoroughly ie is the person confident in what they are doing, are they comfortable with preparing a will, do they have capacity etc?
Solicitors have a legal (and moral) obligation to ensure the will is being written in accordance with the testator's wishes, and without influence.
My elderly Mum's solicitor insisted on seeing her in her own home when she drew up her will. There was no additional cost but some may charge.
That’s great news, can we do paperwork in advance before solicitor attends?0 -
That’s great news, can we do paperwork in advance before solicitor attends?
There is no point in making up a DIY will in advance, as the solisitor will almost certainly rip it up and start again. Your mother just needs to tell him what she wants. The solicitor will then go through all the what if situations she has not thought about, then go away to draft the will. She then needs to go through the draft to check that everything discussed has been covered. The final will can then be produced, signed and witnessed.0 -
Any good local solicitor will be more than happy to visit your mother in her own home, in fact they prefer to do this when the person is considered vulnerable.
It is not just a good service to provide but they have to assess situations more thoroughly ie is the person confident in what they are doing, are they comfortable with preparing a will, do they have capacity etc?
Solicitors have a legal (and moral) obligation to ensure the will is being written in accordance with the testator's wishes, and without influence.
My elderly Mum's solicitor insisted on seeing her in her own home when she drew up her will. There was no additional cost but some may charge.
That’s great news, can we do paperwork in advance before solicitor attends?0 -
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To help the solicitor get the full names and addresses on the executors and beneficiaries.Never pay on an estimated bill. Always read and understand your bill0
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That’s great news, can we do paperwork in advance before solicitor attends?
It would save time if you do as Robin says and gather names and addresses and other details.
Before we went to make our wills, we listed what we wanted to do, the names of executors, etc, but asked the solicitor's advice on whether he could see any potential problems and he raised a couple of issues - that's where the solicitor's knowledge and experience come into play.
Once he was sure of our requirements, he went away and wrote the will and emailed a copy to us - we reviewed it and amended a couple of things, those were put right and the new copy was sent.
Once we were sure everything said what we wanted it to say and all the personal details were correct, we went in and signed the printed will in his office.
In your case, that could be posted to you to be signed at home or the solicitor could visit again.
Our solicitor stores the will for free.0 -
That’s great news, can we do paperwork in advance before solicitor attends?
In my Mum's case, the solicitor advised her to write down some rough notes about her wishes prior to the home visit eg did she want a particular person to inherit an antique clock, what jewellery went where, what was to be done with the house etc?
It was an excellent idea to do this as it gave Mum plenty of time to think without being 'put on the spot'. It wasn't a 'DIY will' just a simple brainstorming exercise in a jotter.
The solicitor made two visits, the final one being 2 weeks later to do the signatures. Also meant there was a cooling off period (as is required with home visits). They took along a legal secretary as another witness. Still no additional charge.
HTH.0 -
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?
she need to decide what she wants to do, if she wants to write a will she should contact local solicitors to make an appointment.0
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