What is the best way to find a solicitor for a will? Also can I choose anyone as an executor?

Heliocentric

Hello.

I am going to make a brand new will and burn the old one. I won't tell the new solicitor about the old will. I'm not looking to add stipulations because I am making many changes. What is the best way of finding a solicitor for Wills specifically? The one I used has closed down and I only went with them because my mum also chose them. I hadn't done any prior research (neither had my mum). Do you usually go by word of mouth? Google reviews?

I also want to name one of my friends as an executor (she will also be one of the beneficiaries). Do I need to tell her? What if she doesn't want to be one?

In my old Will I had directors down as executors and so did my mum. When I had to sort out her will it was a nightmare getting the directors to sign a deed of renunciation, especially since the company went into administration so I was having to deal with a different solicitor. I would rather just name one person who will be easily accessible to the beneficiaries.

Thanks.

poppystar

I found my solicitor by using a charity in Free Wills month (not totally free as I had to make a donation really). It gave me a chance to see what the solicitor was like. I was very happy with them and have used them for an updated Will and for conveyancing since. Ask around other people locally and you can also usually have a free quick chat first with any solicitor which will allow you to gauge what they are like before you commit.

Do ask not tell whoever you wish to be your executor. It’s not easy to find someone especially if you don’t have close family. I have suggested to mine to use the solicitor for some of the work so the burden isn’t too much but my friend will still have overall control. 

SiliconChip

Word of mouth is good, but as I knew my Will would be simple I just picked a local solicitor, confirmed that their fee was reasonable, and went ahead with it. They have since rewritten the original Will as my beneficiaries had changed and I've been happy with what they've done.

I would suggest that you discuss the issue with the person that you would like to be your executor, if she isn't comfortable with it then it's better to know in advance so you can choose someone else. Unless it's a very complex Will you're better not to name the solicitor as executor as it'll add time and expense to the process, if your chosen executor needs assistance they can always engage a solicitor themselves. 

I'd also recommend naming a second person, particularly if the first one is a similar age to you so that you can have a younger executor in case the first one loses capacity (or dies). I have my sister and my niece (both beneficiaries) as my executors. Your solicitor will guide you on the most suitable wording in the Will.

Keep_pedalling

You can choose any executor you wish but ideally you want executors of a younger generation than yourself.

DullGreyGuy

Heliocentric said:

I am going to make a brand new will and burn the old one. I won't tell the new solicitor about the old will. I'm not looking to add stipulations because I am making many changes. What is the best way of finding a solicitor for Wills specifically? The one I used has closed down and I only went with them because my mum also chose them. I hadn't done any prior research (neither had my mum). Do you usually go by word of mouth? Google reviews?

I also want to name one of my friends as an executor (she will also be one of the beneficiaries). Do I need to tell her? What if she doesn't want to be one?

In my old Will I had directors down as executors and so did my mum. When I had to sort out her will it was a nightmare getting the directors to sign a deed of renunciation, especially since the company went into administration so I was having to deal with a different solicitor. I would rather just name one person who will be easily accessible to the beneficiaries.

You only really know how good a will writer is when the will is applied, unfortunately at that point it is very hard to ask the person that commissioned it if the result is what they had wanted or not. 

More or less anyone can be an executor but at least one must be 18 at the point of applying for probate. It's sensible to have more than one, you can have up to 4. 

Depending on the size of your estate and complexity of your affairs it's not a small job and they'll learn a lot about you in the process. It's not really an "honour" to do it and not everyone wants the job of unpicking your life and all the paperwork etc. It's sensible to tell the person in advance so you can select someone else if they say they dont want to do it (they can refuse at the time). 

The majority of people die in old age so consider their age relative to yours. Unless you are seriously ill etc you typically wouldn't be wanting to appoint those notably older than you as probability says they'll either be gone before you or not be fit to fulfil the role if they are still alive. 

Savvy_Sue

If your beneficiaries are sensible adults who won't fall out over anything, then asking a friend if they'd be willing to act is quite reasonable. However, if there's any danger of anyone kicking off and demanding to have their money yesterday or insisting they're entitled to more, then use a solicitor as executor. 

Of course, if you ask your friend (and you should, because how are they going to know otherwise?) you can assure her that if anyone gives any trouble, she can just place it all in the hands of solicitors and leave it to them. That is ALWAYS an option, even if you have appointed a lay executor. Equally, an executor can take advice on anything they're concerned about. 

Brie

I thought you had to specifically say something about an old will not being valid anymore.  Or is that not true??

poppystar

Brie said:

I thought you had to specifically say something about an old will not being valid anymore.  Or is that not true??

Yes, any new Will will start with words revoking all previous Wills - whether those are intentionally kept,  are burnt as OP wants to do or are lurking somewhere in a pile of paperwork. 

RAS

poppystar said:

Brie said:

I thought you had to specifically say something about an old will not being valid anymore.  Or is that not true??

Yes, any new Will will start with words revoking all previous Wills - whether those are intentionally kept,  are burnt as OP wants to do or are lurking somewhere in a pile of paperwork. 

Or never even existed. It's standard wordage.

On the solicitor, unless your will is very basic, choose a STEP solicitor.

Bostonerimus1

Executors should probably be younger than you and in good health. You should obviously trust them and it's good if they have some knowledge of finances in general and your finances in particular. Also stick with British citizens or residents as doing stuff across borders adds another level of complexity. Communication between yourself, executors and beneficiaries is a good thing, movie type surprises are to be avoided and don't use a will to be vindictive from beyond the grave. When my Mum died her solicitor acted as executor and was well worth the fee to wrap up the estate.

GDB2222

“ Do I need to tell her? ” 

Being an executor is an enormous burden. So, no, you shouldn’t tell her. You should ask her. And, be prepared for her to say no!