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Doesn't a solicitor store/log a will

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13

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  • Spendless
    Spendless Posts: 24,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    user1977 said:
    Spendless said:
    Savvy_Sue said:
    Hang on, I've just re-read your first post.

    You're saying the solicitor sent you the wills, for YOU to sign and have witnessed.  You didn't sign them with witnesses at the solicitors?

    That strikes me as unusual, and potentially dangerous. 

    You've only got to misunderstand the instructions for signing to create a nasty mess.

    Or just fail to sign - it's been known!

    We were sent a draft, which we checked and corrected. Then we went to the solicitor and signed them there, with his staff witnessing them.

    Are you sure you weren't sent a final draft, with the expectation you'd go to the office to sign?
    I'm going to get DH to re-read the last email about it, in case there's been a mix up. 
    Or just read the email yourself.
    It went to my husband's email address as he made the initial enquiry! I'm not in the habit of going into someone else's emails or having access to their password protected account!   
  • user1977
    user1977 Posts: 17,741 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 23 July 2023 at 10:38AM
    Spendless said:
    user1977 said:
    Spendless said:
    Savvy_Sue said:
    Hang on, I've just re-read your first post.

    You're saying the solicitor sent you the wills, for YOU to sign and have witnessed.  You didn't sign them with witnesses at the solicitors?

    That strikes me as unusual, and potentially dangerous. 

    You've only got to misunderstand the instructions for signing to create a nasty mess.

    Or just fail to sign - it's been known!

    We were sent a draft, which we checked and corrected. Then we went to the solicitor and signed them there, with his staff witnessing them.

    Are you sure you weren't sent a final draft, with the expectation you'd go to the office to sign?
    I'm going to get DH to re-read the last email about it, in case there's been a mix up. 
    Or just read the email yourself.
    It went to my husband's email address as he made the initial enquiry! I'm not in the habit of going into someone else's emails or having access to their password protected account!   
    And yet presumably your solicitor thinks they're giving joint advice to both of you, and so would expect that you're both reading the correspondence? Alarm bells would ring for me (as a solicitor) if I found out all of my "joint" advice was being "interpreted" by one spouse to the other one, especially for something like what's going in your Will. You need to read and understand the advice too.
  • Spendless
    Spendless Posts: 24,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    user1977 said:
    Spendless said:
    user1977 said:
    Spendless said:
    Savvy_Sue said:
    Hang on, I've just re-read your first post.

    You're saying the solicitor sent you the wills, for YOU to sign and have witnessed.  You didn't sign them with witnesses at the solicitors?

    That strikes me as unusual, and potentially dangerous. 

    You've only got to misunderstand the instructions for signing to create a nasty mess.

    Or just fail to sign - it's been known!

    We were sent a draft, which we checked and corrected. Then we went to the solicitor and signed them there, with his staff witnessing them.

    Are you sure you weren't sent a final draft, with the expectation you'd go to the office to sign?
    I'm going to get DH to re-read the last email about it, in case there's been a mix up. 
    Or just read the email yourself.
    It went to my husband's email address as he made the initial enquiry! I'm not in the habit of going into someone else's emails or having access to their password protected account!   
    And yet presumably your solicitor thinks they're giving joint advice to both of you, and so would expect that you're both reading the correspondence? Alarm bells would ring for me (as a solicitor) if I found out all of my "joint" advice was being "interpreted" by one spouse to the other one, especially for something like what's going in your Will. You need to read and understand the advice too.
    Exactly why I said I would ask DH to re-read the email and by that I mean so I also see word for word what was sent!   
  • badmemory
    badmemory Posts: 9,531 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Just get him to forward it to you.  That way you too have a record.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Spendless said:
    Mojisola said:
    The copies we have of our wills are photocopies of the original will.  
    There is only ever one original will - the one you sign and have witnessed - that has to be produced to get probate. 
    A copy isn't good enough for that, although if the original couldn't be found, it could be used in a court case to show what the testator's intentions.
    The ones we were sent and have at our house  are the ones to have signed and witnessed, so there isn't a copy. Just the originals in our possession. .
    Once those are signed and witnessed, you can send them for storage with the Probate Office if you want to.
    Before sending them off, take photocopies so that you can reference what your wills say and you can show them to anyone else you want to see them.
    If you keep them at home, there is the risk that they are mislaid, lost in fire or flood or destroyed by someone who will inherit more under the intestacy rules.
  • Savvy_Sue
    Savvy_Sue Posts: 47,308 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    user1977 said:
    Spendless said:
    Savvy_Sue said:
    Hang on, I've just re-read your first post.

    You're saying the solicitor sent you the wills, for YOU to sign and have witnessed.  You didn't sign them with witnesses at the solicitors?

    That strikes me as unusual, and potentially dangerous. 

    You've only got to misunderstand the instructions for signing to create a nasty mess.

    Or just fail to sign - it's been known!

    We were sent a draft, which we checked and corrected. Then we went to the solicitor and signed them there, with his staff witnessing them.

    Are you sure you weren't sent a final draft, with the expectation you'd go to the office to sign?
    I'm going to get DH to re-read the last email about it, in case there's been a mix up. 
    Or just read the email yourself.
    I agree it's what I'd do, but not everyone has access to a spouse's email account...

    DH finds it's quite useful because he misses things, and I ask if he's done anything about stuff ...
    Signature removed for peace of mind
  • Spendless
    Spendless Posts: 24,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Savvy_Sue said:
    user1977 said:
    Spendless said:
    Savvy_Sue said:
    Hang on, I've just re-read your first post.

    You're saying the solicitor sent you the wills, for YOU to sign and have witnessed.  You didn't sign them with witnesses at the solicitors?

    That strikes me as unusual, and potentially dangerous. 

    You've only got to misunderstand the instructions for signing to create a nasty mess.

    Or just fail to sign - it's been known!

    We were sent a draft, which we checked and corrected. Then we went to the solicitor and signed them there, with his staff witnessing them.

    Are you sure you weren't sent a final draft, with the expectation you'd go to the office to sign?
    I'm going to get DH to re-read the last email about it, in case there's been a mix up. 
    Or just read the email yourself.
    I agree it's what I'd do, but not everyone has access to a spouse's email account...

    DH finds it's quite useful because he misses things, and I ask if he's done anything about stuff ...
    That's correct I don't. Husband's laptop is his works one and since he also works in IT as management, no I shouldn't have or be using his password to get in. I don't know his personal email password to log in on my PC. We were out at different times to each other yesterday but I will ask him to forward the email he was sent to see if I read it in a different context. 
  • Spendless
    Spendless Posts: 24,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ok, it's not an email that's come it's a letter. This reads

     ' We enclose the engrossed wills for signing. Please read them  carefully and be satsified that they precisely and fully record your wishes.

    If satisfied please ensure that the wills re validly signed, non-compliance may result in the will being partially or wholly ineffective. If you have any questions please call us.

    Once the wills have been signed, please be sure not to use pins, paper clips, or other items which may mark the documents in any way and keep them for your own safe storage'. 

    So yes just one will each sent to us (no copies) for us to have signed and witnessed and to store safely. 

     
  • Savvy_Sue
    Savvy_Sue Posts: 47,308 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well there's a solicitor who likes to live dangerously ... although if the wills are uncontentious / in line with rules of intestacy then failure to sign would be less of an issue.
    Signature removed for peace of mind
  • Spendless
    Spendless Posts: 24,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Savvy_Sue said:
    Well there's a solicitor who likes to live dangerously ... although if the wills are uncontentious / in line with rules of intestacy then failure to sign would be less of an issue.
    Agreed. As it currently stands, we've paid out  £100s to a solicitor to have a potentially invalid will. Solicitor is being contacted today about it. 
    Our will doesn't deviate from intestacy until you get to the disaster scenario, but still. We made a will for a reason (following all the threads I read on here where something has gone wrong) 
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