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Solicitor said "You have to keep him" about the fiancé in the Will.

2

Comments

  • user1977
    user1977 Posts: 19,637 Forumite
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    If the clients disagree about whether they're actually engaged then I suspect the solicitor may have a conflict of interest...
  • user1977 said:
    If the clients disagree about whether they're actually engaged then I suspect the solicitor may have a conflict of interest...
    Or just simply be confused 😈
  • Marcon
    Marcon Posts: 16,041 Forumite
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    edited 24 January 2024 at 1:14PM
    user1977 said:
    If the clients disagree about whether they're actually engaged then I suspect the solicitor may have a conflict of interest...
    Or just simply be confused 😈
    Quite. If a solicitor is given unclear instructions, it's no surprise the outcome may not be what the client wants.

    Maybe the best course of action is for the client to ask the solicitor exactly why the clause 'has to stay in' - and clarify that they aren't actually engaged and never will be...?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Hoenir
    Hoenir Posts: 7,742 Forumite
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    A female friend is trying to have her Will written professionally by a solicitor. She has been living with a man for over five years. They are not married. But, the male describes her as a 'fiancé'. But the male has rejected all plans to get married. 


    What does this have to do with the drafting of her will?  Are we getting the full story as what as to the instructions that were given to the solicitor.  
  • Emmia
    Emmia Posts: 7,306 Forumite
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    Hoenir said:

    A female friend is trying to have her Will written professionally by a solicitor. She has been living with a man for over five years. They are not married. But, the male describes her as a 'fiancé'. But the male has rejected all plans to get married. 


    What does this have to do with the drafting of her will?  Are we getting the full story as what as to the instructions that were given to the solicitor.  
    I was wondering if there is something cultural/religious about this - I'm not sure why the male partner is "involved" in what she puts in the will unless there's some sort of "mirror will" intention...
  • badmemory
    badmemory Posts: 10,627 Forumite
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    I have to wonder at the intentions of someone who seems to be refusing to marry but calls someone their fiance.  As Emmia said I too am wondering about culture/religion involvement in this.  Actually I find it quite concerning, but I am probably wrong & seeing shadows where there are none.
  • bobster2
    bobster2 Posts: 1,121 Forumite
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    Emmia said:
    Hoenir said:

    A female friend is trying to have her Will written professionally by a solicitor. She has been living with a man for over five years. They are not married. But, the male describes her as a 'fiancé'. But the male has rejected all plans to get married. 


    What does this have to do with the drafting of her will?  Are we getting the full story as what as to the instructions that were given to the solicitor.  
    I was wondering if there is something cultural/religious about this - I'm not sure why the male partner is "involved" in what she puts in the will unless there's some sort of "mirror will" intention...

    OP hasn't mentioned the partner being involved. It just seems that female friend told the solicitor that she has a "fiancé" - so solicitor is recommending standarding wording "in contemplation of marriage" which may not benefit the "fiancé" at all.
  • Emmia
    Emmia Posts: 7,306 Forumite
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    bobster2 said:
    Emmia said:
    Hoenir said:

    A female friend is trying to have her Will written professionally by a solicitor. She has been living with a man for over five years. They are not married. But, the male describes her as a 'fiancé'. But the male has rejected all plans to get married. 


    What does this have to do with the drafting of her will?  Are we getting the full story as what as to the instructions that were given to the solicitor.  
    I was wondering if there is something cultural/religious about this - I'm not sure why the male partner is "involved" in what she puts in the will unless there's some sort of "mirror will" intention...

    OP hasn't mentioned the partner being involved. It just seems that female friend told the solicitor that she has a "fiancé" - so solicitor is recommending standarding wording "in contemplation of marriage" which may not benefit the "fiancé" at all.
    I'm not sure they really are fiancés - one of them doesn't apparently want to marry, so there's no need for a will in contemplation of marriage. The friend can still make a will leaving it all to the boyfriend, or the cats home or whatever.

    I put "involved" in quotes for a reason, as I sense there's some influencing going on...

    Honestly I think the female friend would be better finding a different solicitor.
  • Savvy_Sue
    Savvy_Sue Posts: 47,888 Forumite
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    People do sometimes become engaged without any immediate intention to marry. It's not a situation I'd be happy with, and I also wouldn't tolerate being called a fiancée if I personally hadn't agreed to marry - and it's unclear whether or not she regards him as her fiancé. 
    Signature removed for peace of mind
  • pjs493
    pjs493 Posts: 576 Forumite
    500 Posts First Anniversary Name Dropper
    Another thing to consider with the contemplation of marriage clause is that the marriage has to take place within a reasonable period of time. If they consider themselves engaged but have no intention to marry, it might be deemed that the clause expires if 20 years down the line they’re still not married. It all depends on who stands to benefit from her Will. 
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