Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Wills -do I really need to use a solicitor?

(34 Posts)
INeedALieIn Mon 15-Jul-13 19:18:41

If I use an off the shelf will pack from WHSmiths would it still be valid if I follow the instructions?

LadyMaryQuiteContrary Mon 15-Jul-13 19:37:05

I wouldn't. The chance of screwing up is high and the fall out great. You're best off taking advice from an expert, especially if it's complicated. You don't need a solicitor though, just someone who's registered with these people www.willwriters.com. Hope this helps. smile

Newcupboards Mon 15-Jul-13 19:47:31

As I understand it, a will can be valid if it's written on the back of a fag packet provided it's signed by you and a couple of witnesses who are not beneficiaries. However, IMHO it's one of those things that's best left to a professional.

can recommended mumblechum - a Mumsnetter who has a paid for ad on Classfied. Very friendly and efficient service.

Newcupboards Mon 15-Jul-13 19:48:16

*recommend

INeedALieIn Mon 15-Jul-13 19:49:16

We previously instructed solicitors, gave all the details but they didn't get round to it!

We also had an appointment with non-solicitors who advertise will writing, but again they couldn't take us on as we didn't tick the box. All the time the clock is ticking, so I figure, while it is on my mind I am tempting fate, so maybe writing anything is better than nothing???

LadyMaryQuiteContrary Mon 15-Jul-13 19:51:44

It would be a waste of money if it wasn't drawn up properly. Are you able to find another solicitor? There should be a list of writers where you are on the site that I linked up there ^^ smile

Lonecatwithkitten Mon 15-Jul-13 21:49:14

I would also recommend mumblechum very reasonable swift and efficient.

RandomMess Mon 15-Jul-13 21:50:16

I also recommend mumblechum, very reasonably priced, knows her stuff inside out, quick and efficient.

SuperiorCat Mon 15-Jul-13 21:51:55

Another vote for mumblechum - great service, professional, helpful, and not expensive.

Lots of us have used her.

INeedALieIn Mon 15-Jul-13 23:06:06

Think I will give mumblechum a whirl.

loopyloou Mon 15-Jul-13 23:16:37

Marking my place, need a will at some point - but can't afford right now hmm

mumblechum1 Tue 16-Jul-13 01:30:07

Thanks for all the recommendations, very kind of you all!

My ad on Classifieds ran out on Sat and I've been away for a long weekend so haven't got round to re-doing it yet. Will probably do it tomorrow smile

MOSagain Tue 16-Jul-13 07:29:52

Another recommendation for Mumblechum. Too many people don't have wills and it is so very very important.

mumblechum1 Tue 16-Jul-13 08:39:58

flowers to MOS
flowers to SuperiorCat
flowers to LoneCat
flowers to RandomMess
flowers to NewCupboards

Oh, and flowers to my mum, my producer, my director and anyone else who knows me wink

Newcupboards Tue 16-Jul-13 15:53:24

grin

ChangingWoman Tue 16-Jul-13 22:09:14

Also marking place for future reference!

mumblechum1 Tue 16-Jul-13 23:12:09

Advert's refreshed now smile

mumblechum1 Wed 17-Jul-13 19:23:01

OP, the danger of using an off the shelf kit is that a kit can't ask you questions about your financial situation, your plans for your financial future, whether any of your children have special needs, whether there's anyone in the family who may have a claim, what extra safeguards you may like to put into a guardianship clause....the list is pretty long.

Just the other day I did a will for someone who'd previously done a will with a kit and she sent me a copy; it didn't even have her full name, and had many other flaws which would have invalidated the will, and meant that her estate would have gone to her estranged father rather than her partner.

Have to add my twopenneth. Most people buy a kit as they think it will save them money. And they think they have a simple will. Almost inevitably this is not the case and at best the will is ineffective or worse damagingly invalid. My advice is don't get a kit. Also I would counsel against will writers. Most have very limited legal qualifications (legal execs or legal secs) and are not fully upto date with the relevant legislation which is hugely complicated and changing all the time.

Get a good solicitor. Look for a LEXCEL legal excellence certificate and the usual ISO / Lloyds Marks. Your best bet is to use a STEP practitioner. I know a contentious probate practitioner who makes a very comfortable living out of the mess created by will writers, legal execs and will kits. Yes you may save a few hundred quid by using a kit or a will writing service - but seriously it will save a huge amount of heartache and a lot of fees to see a professionally qualified solicitor. In life, you get what you pay for. If the advice is cheap - you need to ask yourself why. Good advice in this area will cost some money - and you should go to someone who is an expert at this.

Not all solicitors are experts in this field either - ask to see the CV of the specific person handling you (you may just get the CV of the Partner as opposed to the actual case file handler) if the firm is any good they will happily comply.

You want to make sure they have specific experience in this field and appropriate post-LPC certification in this.

Oh and this might be contentious - but a good solicitor will want to see you and your o/h. You would be surprised how many couples actually have quite different wishes and that people are coerced into making provisions that other people want. This is particularly true with the elderly. Which is why a good lawyer will want to talk to an elderly client alone - even if they have been brought in by a well meaning child. Yes - i know what you are thinking and it does happen a lot more than you think.

MOSagain Fri 19-Jul-13 13:30:51

Also I would counsel against will writers. Most have very limited legal qualifications (legal execs or legal secs)
what an extremely ignorant sweeping statement made by voiceofnoreason (particularly apt username)

So you think that legal executives have very limited qualifications? Really? Clearly you haven't the first idea about the ILEX qualfication route. I have worked with a number of qualified legal executives over the years many of whom have far more experience than a number of solicitors they worked with. Legal executives are as experienced and qualified as Solicitors and are entitled to call themselves lawyers.

Oh, and by the way, a number of 'will writers' are also qualified lawyers/solicitors. Both mumblechum and I are experienced lawyers AND will writers!

ComtessedeFrouFrou Fri 19-Jul-13 13:40:44

Mumblechum and OP can I hijack to ask a question?

My DH and I are both solicitors and had our wills done by our firm a few years ago. I'm PG. Do we need to update our wills? I'd ask the colleague who did the wills, but she's not long lost a baby who was stillborn and I really don't want to cause her any unecessary upset given the nature of my query.

I'm primarily concerned about guardianship. The "who" is easy, as we'd ask my sister, but I wondered whether we could do a letter of wishes or whether a full rewrite was required.

Thanks smile

florencedombey Fri 19-Jul-13 13:49:44

I agree with Voiceofnoreason - a face to face meeting with a STEP member is the way to go. Steer clear of preprinted will forms - I was involved in a probate matter a few years ago where the lady who died had used a form and got it wrong. The lawyers' fees for the ensuing family dispute ran into thousands of pounds.

MOSagain Fri 19-Jul-13 13:56:15

Comtessed congratuations on your pregnancy.
If you have storage for your wills you might get free amendments. My firm allows free amendments for all clients who have storage. Its certainly very sensible to update to include guardians for your child. Most experienced lawyers/will writers would suggest not naming your child, simply state 'child or children at the time of my death' as then any future children are covered, not just the one you have at the time you make/amend the will.

So sorry about your friend's terrible loss. I've just done a charity event to fundraise for SANDS in memory of a friend's son who was stillborn. Its a terrible thing, so very considerate of you not to want to upset her.

Poosnu Fri 19-Jul-13 14:09:38

Comtessed - you can also do a free-standing Deed of Appointment of guardians if it would be too much hassle to amend your Will. It should be stored with your Will.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now