Simple Will

eastcorkram

Emmia said:

eastcorkram said:

Emmia said:

eastcorkram said:

OP here again, many months on! 
I did eventually get a will written. It was sent to me in March. All that needed doing was for me to sign it, with it being witnessed, and returned. 

A few days after receiving it, I was in hospital, and then required surgery for cancer. Then spent many weeks recovering etc. I was told there was no time limit in getting it signed, so it kind of got put on the back burner. 

Today, I got a letter saying I need to get it signed and returned in the next 21 days. Trouble is, I've no idea who to get to witness the signature. May well sound weird, but I just don't know anyone. I would have just got a couple of people at work to do it, but I retired at Christmas, and work is a 320 mile trip.

I tried a couple of local solicitors, and I was happy to pay them to witness it, but they won't do it. Does anyone have any ideas of who could do it? Short of stopping two strangers in the street. 

If you get it written at a solicitors, then often their employees will witness you signing it. That's how mine was done both times. Where did you get your will done?

Do you have any neighbours you could ask?

It was drawn up by co op legal services. I suppose neighbours is an option, but despite being in this house for 15 years, I don't know them on either side. Just nodding terms. 

 So that'll give you an idea of how much social contact I have with people! 

I also think it seems strange, as I'm not sure if I would  want to sign a legal document myself without having read what it is first. 

Ok so you used a will writer, despite the fact you must have known when you engaged them that the  witnessing part would be a problem.

A solicitor is never going to let their staff witness a legal document they have not prepared.

Perhaps you need to abandon this co op document, and go to a local solicitor where it can be witnessed as part of the service 

Alternatively maybe it's time to introduce yourself to your neighbours?

I thought at the time, that they'd have local or regional offices, where you could pop in and do the signings etc. A bit like their funeral places. 

I'm surprised to be honest, that solicitors won't let their staff witness a signing, even for a fee. 

boingy

eastcorkram said:

OP here again, many months on! 
I did eventually get a will written. It was sent to me in March. All that needed doing was for me to sign it, with it being witnessed, and returned. 

A few days after receiving it, I was in hospital, and then required surgery for cancer. Then spent many weeks recovering etc. I was told there was no time limit in getting it signed, so it kind of got put on the back burner. 

Today, I got a letter saying I need to get it signed and returned in the next 21 days. Trouble is, I've no idea who to get to witness the signature. May well sound weird, but I just don't know anyone. I would have just got a couple of people at work to do it, but I retired at Christmas, and work is a 320 mile trip.

I tried a couple of local solicitors, and I was happy to pay them to witness it, but they won't do it. Does anyone have any ideas of who could do it? Short of stopping two strangers in the street. 

I suggest asking your GP or someone involved in your cancer care.

RAS

eastcorkram said:

RAS said:

Maybe check with your GP service if they will witness the signature? Or know who can (local hospice or Macmillan services?)

And given your health issues, please sort out the POA. I appreciate that it's even more difficult than getting the signature witnessed by do you want decisions made by strangers? 

My health issue has nothing to do with mental capacity. 

And you could at some time lose physical capacity. What if you are unconscious?

Spendless

Emmia said:

eastcorkram said:

Emmia said:

eastcorkram said:

OP here again, many months on! 
I did eventually get a will written. It was sent to me in March. All that needed doing was for me to sign it, with it being witnessed, and returned. 

A few days after receiving it, I was in hospital, and then required surgery for cancer. Then spent many weeks recovering etc. I was told there was no time limit in getting it signed, so it kind of got put on the back burner. 

Today, I got a letter saying I need to get it signed and returned in the next 21 days. Trouble is, I've no idea who to get to witness the signature. May well sound weird, but I just don't know anyone. I would have just got a couple of people at work to do it, but I retired at Christmas, and work is a 320 mile trip.

I tried a couple of local solicitors, and I was happy to pay them to witness it, but they won't do it. Does anyone have any ideas of who could do it? Short of stopping two strangers in the street. 

If you get it written at a solicitors, then often their employees will witness you signing it. That's how mine was done both times. Where did you get your will done?

Do you have any neighbours you could ask?

It was drawn up by co op legal services. I suppose neighbours is an option, but despite being in this house for 15 years, I don't know them on either side. Just nodding terms. 

 So that'll give you an idea of how much social contact I have with people! 

I also think it seems strange, as I'm not sure if I would  want to sign a legal document myself without having read what it is first. 

Ok so you used a will writer, despite the fact you must have known when you engaged them that the  witnessing part would be a problem.

A solicitor is never going to let their staff witness a legal document they have not prepared.

Perhaps you need to abandon this co op document, and go to a local solicitor where it can be witnessed as part of the service 

Alternatively maybe it's time to introduce yourself to your neighbours?

Ours was a solicitor that didnt have us witness, not a will writer.  I checked that last time subject came up. Ours was recommended by the solicitors we use for everything else as they no longer did wills.

In future its something Id ask upfront not just assume because youve gone to a solicitors. 

eastcorkram

RAS said:

eastcorkram said:

RAS said:

Maybe check with your GP service if they will witness the signature? Or know who can (local hospice or Macmillan services?)

And given your health issues, please sort out the POA. I appreciate that it's even more difficult than getting the signature witnessed by do you want decisions made by strangers? 

My health issue has nothing to do with mental capacity. 

And you could at some time lose physical capacity. What if you are unconscious?

Well I guess that's true of everyone, whatever age they are. 

Savvy_Sue

eastcorkram said:

I'm surprised to be honest, that solicitors won't let their staff witness a signing, even for a fee. 

I suspect there are two issues in play here:

1. Know Your Customer - solicitors (and other professionals like accountants and financial advisers) have to check the identity of everyone they do business for, so that's a faff. 

2. Suppose they allow a couple of staff to witness the signing of a will, and a few months down the line your executor comes storming in because the will's been badly drafted (by someone else, I know) and there are huge problems. No, it's not their fault. No, they didn't check what it said before allowing their staff to witness the will. But there's still a problem, and they really don't like problems. 

Just wondering if you have any support from MacMillan or similar cancer charity? They may be able to help?

eastcorkram

Savvy_Sue said:

eastcorkram said:

I'm surprised to be honest, that solicitors won't let their staff witness a signing, even for a fee. 

I suspect there are two issues in play here:

1. Know Your Customer - solicitors (and other professionals like accountants and financial advisers) have to check the identity of everyone they do business for, so that's a faff. 

2. Suppose they allow a couple of staff to witness the signing of a will, and a few months down the line your executor comes storming in because the will's been badly drafted (by someone else, I know) and there are huge problems. No, it's not their fault. No, they didn't check what it said before allowing their staff to witness the will. But there's still a problem, and they really don't like problems. 

Just wondering if you have any support from MacMillan or similar cancer charity? They may be able to help?

I've emailed Macmillan, and will wait for a response. The contact I've had with them this year, they've been brilliant. Not sure whether they can help with this. I've also asked if get them to do a will, for a donation or a legacy, if they could do the witnessing. 

Something else occurred to me. To any of you who have done a will, do you have to update it if one of your witnesses passes away? Or moves house? etc. 

Emmia

eastcorkram said:

Savvy_Sue said:

eastcorkram said:

I'm surprised to be honest, that solicitors won't let their staff witness a signing, even for a fee. 

I suspect there are two issues in play here:

1. Know Your Customer - solicitors (and other professionals like accountants and financial advisers) have to check the identity of everyone they do business for, so that's a faff. 

2. Suppose they allow a couple of staff to witness the signing of a will, and a few months down the line your executor comes storming in because the will's been badly drafted (by someone else, I know) and there are huge problems. No, it's not their fault. No, they didn't check what it said before allowing their staff to witness the will. But there's still a problem, and they really don't like problems. 

Just wondering if you have any support from MacMillan or similar cancer charity? They may be able to help?

I've emailed Macmillan, and will wait for a response. The contact I've had with them this year, they've been brilliant. Not sure whether they can help with this. I've also asked if get them to do a will, for a donation or a legacy, if they could do the witnessing. 

Something else occurred to me. To any of you who have done a will, do you have to update it if one of your witnesses passes away? Or moves house? etc. 

Given that mine was witnessed by employees of the solicitors rather than people I know... How would I know if they'd moved, died etc. subsequently?

So no you don't need to redo your will in these circumstances

RAS

Just make absolutely sure that those who benefit from the will and their immediate family do not witness the signature.

That prevents them from inheriting anything from the will. The rest stands. For reference there was a recent thread here where a solicitors' firm had asked the wife of one of the beneficiaries to witness the signature.

Mrs_Z

Hi, you mention that you're waiting for Macmillan to respond back to you.  That's great that you've been in touch with them already.
In the meantime, you can also search for any support from Macmillan in your area by just putting in your postcode: 

https://www.macmillan.org.uk/cancer-information-and-support/in-your-area?pcode=

Apologies, not sure if the link copies as active, but you can google it. Just thinking that if they have a support group or info centre in your area, you could pop in there or join the group and I'm sure anyone there would be more than happy to witness your signature. Going through such a major illness on your own is a huge physical and emotional undertaking, so it may be beneficial to chat with others who have been in a similar journey.

Wishing you all the best.