Contacted Solicitor to Draft Will - Am I committed to proceed?

David_Watts2

My question is am I correct in thinking that I have not yet entered into a binding contract with the solicitors and am able to walk away and make alternative arrangements without having to pay them anything? The chronology is as follows:

• In early March I phoned the solicitors and said I wanted to speak to someone about having a will prepared. An appointment was made for the following week.
• I attended the appointment with a chartered legal executive and discussed my requirements, they took notes and said the next step would be to prepare a draft and send it to me for review. If I wanted to proceed I'd come back with the necessary ID and to sign the "engrossment" and have it witnessed. There was no discussion of the cost (although I was aware from an earlier enquiry) or any contractual terms and I wasn't asked to sign anything.
• After 8 weeks without hearing anything I phoned and was advised that they were all working from home during lockdown and that drafts were still being sent out with a view to them, on receipt of the fee, sending out the engrossment so that clients could sign and have them witnessed at home.
• They said that they would get the person I had seen to provide me with an update by phone or email but I heard nothing further.
• By this point I was uncertain whether I would hear from them again and was beginning to look at free will templates online with a view to preparing a DIY will as a stopgap prior to going to another solicitors when lockdown was eased.
• 4 weeks later (and 12 weeks after my appointment) I have finally received a draft will which I am not entirely happy with.
• This states that I should sign the duplicate of their letter and take it with me to the next meeting and that they "are not permitted to take any action in your case until the signed copy of this letter has been received".
• Overall I am not impressed with the quality or speed of service I have received and am considering whether I wish to press on with them or go elsewhere.
  So am I correct in thinking that I am free to do so and that I have not entered into a contract with them unless I sign and return the copy letter as requested?

AnotherJoe

Write to them stating you are unhappy with the service received and do not wish to proceed, and see what happens. There may have been some other terms involving cost that we arent privy to, such as on their website, that you implicitly agreed to, or it may be this is just a cost of doing busienss for them and the small number of non followups means they dont attempt to charge.

Brynsam

You say you were aware of the cost from an earlier enquiry, so I'd be surprised if they didn't expect you to pay something. The delays may have been unwelcome but given the situation, unless you'd indicated the will was urgent, they aren't unreasonable enough for you to claim you've lost confidence and therefore expect a free service.

David_Watts2

AnotherJoe said:
There may have been some other terms involving cost that we arent privy to, such as on their website, that you implicitly agreed to, or it may be this is just a cost of doing busienss for them and the small number of non followups means they dont attempt to charge.

Thanks for the responses. That's what it feels like to me, there's certainly nothing on the website about the cost or any terms, it's an extremely basic site with simple information and contact details. They had no way of knowing I knew how much it should cost as it was just an anonymous enquiry when I was shopping around. Given their failure to provide me with an update when I requested one (and they promised one) 4 weeks ago I feel it would have been legitimate for me to assume I might not hear from them again and to have made alternative arrangements in the meantime.

I'm not expecting a free service, just trying to decide whether or not I wish to use their services or go elsewhere. It was feeling like a 50-50 call when I posted but I'm coming round to the idea of pressing on and trying to get it done rather than starting all over again with another firm. A couple of amends to the draft will be required and it looks like, as a result of the delay, I'm back to going into the office to do the signing and witnessing.

Gers

When I had my will written I was given a contract to sign which was an agreement to their services and costs. I'm sure that if the draft doesn't reflect your wishes then it's easy to be changed.

David_Watts2

Gers said:

When I had my will written I was given a contract to sign which was an agreement to their services and costs. I'm sure that if the draft doesn't reflect your wishes then it's easy to be changed.

Yes, I think the copy letter they've asked me to sign will be the point where I enter into a contract with them. I'm going to press on and see if I can get the necessary amend made, despite the cumulative affect of the various (on their own) minor negative things I've experienced so far.

I believe the will has been drafted in a slightly old fashioned way, based on others I have seen, with an outdated bias towards legal jargon over plain English that the client will be able to understand. I suspect a more modern firm of solicitors would have produced a less impenetrable draft will. There's one particular clause that I'm struggling to understand but suspect isn't quite what I asked for. Hopefully having that amended to what I want will also make for a simpler wording (that my executors might have a hope in hell of understanding)!

macman

You really don't want it written in 'simpler' English just so your executors can understand it. The reason it's in 'legalese' is so that future generations of lawyers can't argue interminably over it's precise meaning at £600 per hour...
Of course they are going to charge you if you withdraw, because the vast majority of the work has already been undertaken.

Mojisola

macman said:

You really don't want it written in 'simpler' English just so your executors can understand it. The reason it's in 'legalese' is so that future generations of lawyers can't argue interminably over it's precise meaning at £600 per hour...
Of course they are going to charge you if you withdraw, because the vast majority of the work has already been undertaken.

We had wills written a couple of years ago and they are written in straightforward English.  It's possible to be very clear and very precise without using archaic legalise.

An older relative died last year and that will was incomprehensible and packed with legalise.

If your executors are lay people and you hope that they will manage the estate themselves, the will needs to be written in a way that is clear to them.

Newly_retired

I had a will drafted but found it was full of typos, poor grammar and confusing statements which did not reflect what I wanted. I did not proceed, as I did not have confidence in this person's ability, but I had to pay for the draft ( cheaper than the final thing ). Fair enough as the solicitor had spent time working on it.

David_Watts2

Thanks for all the replies. I've decided to proceed rather than start again elsewhere. Although I'm certain the will could have been drafted in a clearer fashion it's ok, neither great nor unacceptable. I'll just leave a note with it clarifying the intent for the executors.
The only real issue was one clause that was particularly complex and didn't reflect my original requirements. Having worked out the difference between the two approaches I've decided to live with it rather than cause further delay with a re-draft. That's the only part that really requires any explanation for the executors.