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  • FIRST POST
    • dx052
    • By dx052 27th Dec 17, 9:38 AM
    • 349Posts
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    dx052
    Need advice on getting a Will completed
    • #1
    • 27th Dec 17, 9:38 AM
    Need advice on getting a Will completed 27th Dec 17 at 9:38 AM
    I have spoken to my mother about getting a will organised as she has left it a bit late. My only stumbling block is that she isnít that mobile as she suffers from Arthitus however her mind is fine and can make decision without help. I was going to get it done at a local solicitors but she canít travel, can they come to us to witness documentation? And is there alternatives routes to us?
    Last edited by dx052; 27-12-2017 at 9:41 AM.
Page 1
    • TonyMMM
    • By TonyMMM 27th Dec 17, 10:02 AM
    • 2,664 Posts
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    TonyMMM
    • #2
    • 27th Dec 17, 10:02 AM
    • #2
    • 27th Dec 17, 10:02 AM
    Many solicitors will be happy to do home visits in cases like this (although the final bill may reflect that).

    They will need to speak to her to take instructions about the will contents, they won't take them from you.
    Last edited by TonyMMM; 27-12-2017 at 10:04 AM.
    • Jenniefour
    • By Jenniefour 27th Dec 17, 10:57 AM
    • 1,311 Posts
    • 1,425 Thanks
    Jenniefour
    • #3
    • 27th Dec 17, 10:57 AM
    • #3
    • 27th Dec 17, 10:57 AM
    As TonyMM says, solicitors do home visits for this purpose. It will be two visits - one to take your mothers instructions and then she will be sent a draft to check. Then another visit to get it properly signed - your mother and two witnesses. The witnesses will simply observe your mother signing the will, they do not see it's contents, so neighbours are fine. Beneficiaries cannot be witnesses.
    • DavidPrescott
    • By DavidPrescott 13th Jan 18, 5:01 AM
    • 3 Posts
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    DavidPrescott
    • #4
    • 13th Jan 18, 5:01 AM
    • #4
    • 13th Jan 18, 5:01 AM
    Have you prepared the will? If not, then you can consult a lawyer. There are many lawyers who do home visits.
    • jackyann
    • By jackyann 13th Jan 18, 10:28 AM
    • 3,335 Posts
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    jackyann
    • #5
    • 13th Jan 18, 10:28 AM
    • #5
    • 13th Jan 18, 10:28 AM
    Just a piece of advice - don't be tempted by 'will writers', who often like to visit your home.
    Although opinion varies, your mum could consider a very simple DIY will. If her estate and wishes are very straightforward,you can download documents from someone like Lawpack and get neighbours to witness. It might be sensible to do Lasting Power of Attorney at the same time.
    Anything slightly more complicated, then do shell out for a proper solicitor.
    • somuchindebt
    • By somuchindebt 13th Jan 18, 10:01 PM
    • 96 Posts
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    somuchindebt
    • #6
    • 13th Jan 18, 10:01 PM
    Will writers
    • #6
    • 13th Jan 18, 10:01 PM
    Hello, why would you avoid will writers?
    • Savvy_Sue
    • By Savvy_Sue 14th Jan 18, 1:10 AM
    • 38,623 Posts
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    Savvy_Sue
    • #7
    • 14th Jan 18, 1:10 AM
    • #7
    • 14th Jan 18, 1:10 AM
    Hello, why would you avoid will writers?
    Originally posted by somuchindebt
    Anyone can call themselves a will writer, so they will almost certainly not be as well qualified as a solicitor. They are likely to have a standard 'offer', and if your circumstances fit well within what they can offer the will may be OK. If you ask for anything different, they may follow your instructions but not advise you of the implications of what you've asked for, which may be catastrophic when the will needs to be acted on. And if it does turn out to be a catastrophe, there's no legally constituted governing body to which you can complain - they may be members of a will-writing association, but that's not quite the same thing. Also if they've gone out of business, you'll be on your own.

    Whereas ALL solicitors will have received training in wills - although ideally you need to find one who specialises in wills, definitely not a criminal or employment specialist ... And as part of the process they will ask about your family, your property, and organisations and people you want to remember in your will. They will explain the implications of doing this rather than that. And if they advise you badly or fail to get it signed properly or whatever, there's a body you can complain to. Plus if they go out of business, there's backup.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
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    • Mojisola
    • By Mojisola 14th Jan 18, 9:32 AM
    • 29,388 Posts
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    Mojisola
    • #8
    • 14th Jan 18, 9:32 AM
    • #8
    • 14th Jan 18, 9:32 AM
    Anyone can call themselves a will writer, so they will almost certainly not be as well qualified as a solicitor. They are likely to have a standard 'offer', and if your circumstances fit well within what they can offer the will may be OK. If you ask for anything different, they may follow your instructions but not advise you of the implications of what you've asked for, which may be catastrophic when the will needs to be acted on. And if it does turn out to be a catastrophe, there's no legally constituted governing body to which you can complain - they may be members of a will-writing association, but that's not quite the same thing. Also if they've gone out of business, you'll be on your own.
    Originally posted by Savvy_Sue
    Also, many will writer firms use high pressure sales techniques - they start out offering a basic will at a low price but keep insisting on extras that you need until the final bill gets much higher.
    • unforeseen
    • By unforeseen 14th Jan 18, 10:35 AM
    • 2,671 Posts
    • 3,422 Thanks
    unforeseen
    • #9
    • 14th Jan 18, 10:35 AM
    • #9
    • 14th Jan 18, 10:35 AM
    Anyone can call themselves a will writer, so they will almost certainly not be as well qualified as a solicitor. They are likely to have a standard 'offer', and if your circumstances fit well within what they can offer the will may be OK. If you ask for anything different, they may follow your instructions but not advise you of the implications of what you've asked for, which may be catastrophic when the will needs to be acted on. And if it does turn out to be a catastrophe, there's no legally constituted governing body to which you can complain - they may be members of a will-writing association, but that's not quite the same thing. Also if they've gone out of business, you'll be on your own.

    Whereas ALL solicitors will have received training in wills - although ideally you need to find one who specialises in wills, definitely not a criminal or employment specialist ... And as part of the process they will ask about your family, your property, and organisations and people you want to remember in your will. They will explain the implications of doing this rather than that. And if they advise you badly or fail to get it signed properly or whatever, there's a body you can complain to. Plus if they go out of business, there's backup.
    Originally posted by Savvy_Sue
    Is that why the SRA found that 25% of wills written by solicitors failed to achieve the desired quality

    https://www.sra.org.uk/sra/news/press/will-writing-guidance.page
    • Keep pedalling
    • By Keep pedalling 14th Jan 18, 11:52 AM
    • 5,102 Posts
    • 5,687 Thanks
    Keep pedalling
    Is that why the SRA found that 25% of wills written by solicitors failed to achieve the desired quality

    https://www.sra.org.uk/sra/news/press/will-writing-guidance.page
    Originally posted by unforeseen
    If solicitors are that bad, goodness knows what a similar survey on will writers would have thrown up.

    At least solicitors are regulated and beneficiaries have the ability to seek compensation where negligence has occurred.
    • somuchindebt
    • By somuchindebt 14th Jan 18, 5:29 PM
    • 96 Posts
    • 60 Thanks
    somuchindebt
    Thank you for your advise!
    • Savvy_Sue
    • By Savvy_Sue 14th Jan 18, 8:13 PM
    • 38,623 Posts
    • 35,355 Thanks
    Savvy_Sue
    Is that why the SRA found that 25% of wills written by solicitors failed to achieve the desired quality

    https://www.sra.org.uk/sra/news/press/will-writing-guidance.page
    Originally posted by unforeseen
    I'm not saying solicitors are perfect, we hear of enough disasters on here to know that! But ...

    If solicitors are that bad, goodness knows what a similar survey on will writers would have thrown up.

    At least solicitors are regulated and beneficiaries have the ability to seek compensation where negligence has occurred.
    Originally posted by Keep pedalling
    What they said!
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • GrumpyDil
    • By GrumpyDil 14th Jan 18, 10:49 PM
    • 176 Posts
    • 137 Thanks
    GrumpyDil
    I'm not saying solicitors are perfect, we hear of enough disasters on here to know that! But ...

    What they said!
    Originally posted by Savvy_Sue
    All I'll add is that trying to get compensation for inadequate preparation of a will by a solicitor isn't as straightforward as one would hope.

    However OP if your mother's will is straightforward then absolutely no reason why you can't write the will with your mother.

    If you do go down the solicitor route once the will has been drafted do go through the well with your mother and make sure
    A) You understand the various clauses and
    B) They accurately reflect what your mother wants her will to say.
    • Savvy_Sue
    • By Savvy_Sue 15th Jan 18, 12:54 AM
    • 38,623 Posts
    • 35,355 Thanks
    Savvy_Sue
    All I'll add is that trying to get compensation for inadequate preparation of a will by a solicitor isn't as straightforward as one would hope.
    Originally posted by GrumpyDil
    No, I'm sure it's not. But I stand by my belief that having a regulatory body to go to, and a regulated system whereby the clients of a solicitor going out of business / dying / retiring still have a regulatory body to turn to is a lot better than the system for will writers. There are at least two will-writing 'associations' and no will-writer HAS to be a member of either.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • Mojisola
    • By Mojisola 15th Jan 18, 10:24 AM
    • 29,388 Posts
    • 75,034 Thanks
    Mojisola
    If you do go down the solicitor route once the will has been drafted do go through the well with your mother and make sure
    A) You understand the various clauses and
    B) They accurately reflect what your mother wants her will to say.
    Originally posted by GrumpyDil
    And that all names, addresses, relationships, etc, are correct - proof-read the whole thing very carefully.
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