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Urgent Death bed will

(30 Posts)
RosesareSublime Wed 15-Mar-17 05:04:58

DF dying and has told me today he can barely talk but is lucid that he has lost his will and needs to make one today, Obv am calling round to try and facilitate this but can they do something at such short notice?

will they write it out here and now and get nursers to witness it, he has heart failure and can only talk in fits and bursts. he cant answer many questions.

endofthelinefinally Wed 15-Mar-17 05:10:39

So sorry you are in this situation.
I am not legally trained at all but have a friend who experienced this.
Get the will written, signed and witnessed. Can anyone else call round for a solicitor or try Age Uk.

RosesareSublime Wed 15-Mar-17 05:25:59

who will write it though? are solicots used to this sort of thing? I cant believe it. As if this situation wasn't bad enough, I am estranged as is he from DB who will make this situation un bearable

PollytheDolly Wed 15-Mar-17 06:01:00

How complicated is this will? Will it be challenged later on?

Sorry you're having to deal with this OP flowersflowers

Coldhandscoldheart Wed 15-Mar-17 06:13:16

It will be best if your father uses his own solicitor if he has one.
Yes, I believe most will visit a person in hospital, certainly I gave looked after people who gave had their solicitors visit the ward for business.

It might be helpful if you can give the nurses a heads up, they might be able to arrange something a bit more private.

Did he definitely not lodge his previous will with a solicitor?

Explain the problem with your brother, they will have ways of making the will fairly watertight to your fathers wishes.

EyeStye Wed 15-Mar-17 06:23:51

Wills solicitors will do death bed wills yes and visit a hospital. They will not be able to write it out same day but will come back with it. They are used to it. Ring all local solicitors who do wills. It will be a question of who has capacity to do an urgent will.

If you can't organise a solicitor today and it's not hugely complicated could you get one of those will packs from WH Smith and write as clearly as you can what he wants and have two witnesses (not beneficiaries) as an interim holding position. It may be possible to find his old will though - ring local solicitors to see who holds it - if he did it through a solicitor they will usually offer to keep it.

EyeStye Wed 15-Mar-17 06:24:47

Well they may not be able to write it out same day, I work with a lady who does wills but I know she'd get it done urgently if she could

mrsnec Wed 15-Mar-17 06:43:18

My DF did one and it was contested and they won the case. I agree with PP about witnesses being non benificieries. I think his were and executors as well also hospital staff vouching for him being of sound mind weren't enough so just try and make sure its watertight.

wowfudge Wed 15-Mar-17 06:47:38

I know this sounds distasteful, but could you film him talking to the solicitor or at the very least talking to others, as evidence he is lucid?

wowfudge Wed 15-Mar-17 06:47:48

I know this sounds distasteful, but could you film him talking to the solicitor or at the very least talking to others, as evidence he is lucid?

Collaborate Wed 15-Mar-17 08:22:59

If there is so little time left the will can be done handwritten. Get a solicitor out ASAP.

senua Wed 15-Mar-17 08:28:38

When you say "he has lost his will" do you mean his copy of the will? There should be another copy with his solicitors. Speak to them - they will be the shortest and fastest route to sorting this out. Even if you need to start again they will have some frame of reference from last time, will have done ID checks, etc.

RosesareSublime Wed 15-Mar-17 08:53:54

Ok PLEASE HELP.

wE ARE in situation where there is no will - my rbother will get involveds - awful.

and intestate.

I AM ringing round now - he has no solcitor - if he did we wouldnt be in this mess!! he hates solicitors!!!

1) as a back up while waiting to sort this out officially, should I buy a will pack and write it - it would be - leaving everything to me - me as executor and nurses witness, I would have to write it myself.

while I wait for solicots to call me back!!

2) if you thikn I can do this as a back up, please tell me if you are solicotor!

am riging round and have left messages with spolcitors

RosesareSublime Wed 15-Mar-17 08:56:58

in a panic only skim reading, my dad fancied himself as solcitor - he did his own will and its got lost he is a hoarder chaotic trype.

there are no copies. we need one now. he doesnt even have his house keys! they got lost in the rish to get to hospotial

RosesareSublime Wed 15-Mar-17 08:57:32

I am not witness - nursers here can be witness,

senua Wed 15-Mar-17 09:05:14

Be very careful.
A will in your handwriting, leaving everything to you, smacks to an outsider of undue pressure. It will backfire.
Get the professionals involved. Have the nurses seen this sort of thing before - can they reccomend a firm of Solicitors? Whereabouts in the country are you?

EyeStye Wed 15-Mar-17 09:07:21

Yes do a homemade back up its better than no will.
Is it fairly straightforward? Ie I leave my estate to be divided equally between three people (name them)
Don't forget he needs to say "I appoin t X as my executor"
Then two witnesses who must both be present at the same time and witness him signing

Yes film it

I am a solicitor not a probate sol
But if this is straightforward you could do it yourself. Message @mumblechum on here she is a probate sol if she can assist maybe she could dictate a handwritten will in correct form to you over phone if it's that urgent

EyeStye Wed 15-Mar-17 09:10:09

Best if you're not in the room while he does it or get someone who is not a beneficiary to fill it in especially if he's disinheriting a child

miniatureegg Wed 15-Mar-17 09:13:52

The solicitors he made it will will almost certainly have a copy if not the original. Usually we give a copy to the client and securely store the original version.

A solicitor will most certainly visit him at his bedside and it won't be the first time they have had to produce a Will under these circumstances.

senua Wed 15-Mar-17 09:15:53

This is pub-level legal advice, but I think that I read something on here the other day that said if he puts "I leave to DD" then DS might be able to contest it. If he writes "I am giving nothing to DS and leave to DD" then that is more watertight. Or even "I leave £1,00 to DS and the rest to DD".
i.e. he needs to 'specifically exclude' rather than 'not mention'.

But check this out if you can. I'm not legal.

miniatureegg Wed 15-Mar-17 09:16:14

I've just read your update. This wouldn't look good if it was challenged. Contact a solicitor it could save you a lot, and I really mean a lot in the long run.

peukpokicuzo Wed 15-Mar-17 12:32:33

If you are to be sole beneficiary you need to be as little involved as possible in the whole process. A whsmiths will pack with your handwriting on will gift the whole estate to the lawyers who will pocket enormous fees during all the hearings and appeals. By all means facilitate getting a solicitor in the room and assemble evidence that your DF is of sound mind but make sure you aren't even in the room when the will is being discussed, written and witnessed and don't consider its contents to be any of your business while your DF is still breathing.

Poosnu Wed 15-Mar-17 14:23:33

Given the risk of challenge is fairly likely I would recommend if at all possible:

- get a Doctor's certificate contemporaneous with will signing to confirm that your father had capacity to make the will (including an understanding of his assets and family). There is a fairly standard form for this which a solicitor can prepare for the doctor. Your father will probably need to pay the doctor.

- your father should prepare a side letter explaining the reason for the unequal division of his estate. This should explain both why he is benefitting you and why he is not benefitting your brother.

- involve a solicitor to draw the will up properly to avoid any challenge due to undue influence, mistakes as to execution (signing) or wording unclear.

Solicitors should be able to come out pretty much same day to take instructions and a near second day turnaround. You should ring round to find someone wth capacity to do this. A WHS will pack may do as an interim but please try and get this professionally done to avoid legal fees later down the line.

(Wills and probate lawyer).

RosesareSublime Wed 15-Mar-17 17:16:28

Thanks everyone, been such difficult situation as DB behaved appalling through DM passing, DF knows this I am surprised but not surprised he also left himself so open shock to the same. DB Made everything 100 times worse, was spiteful, bitter and we were trying to bury DM in peace.

Anyway - its all done. Everyone agreed capacity no issue, got medical back up in case of contesting (but not because they were worried). they wrote it out there and then. Said its scrappy but its legal, signed, witnessed. Everyone who should be mentioned is - those who are not is explained.

He has also really rallied - amazing how down someone can be one day - then literally bright as a button the next, I feel like I have DF back. Yesterday was utterly heart breaking.

Making a will should be law!! Thanks for the help on this thread. flowers what a panic - 4am confession!

senua Wed 15-Mar-17 17:22:03

Glad you got it sorted. Hope you and your DF can relax and make the most of each other's company now.

Hope the will has been filed somewhere sensible (with the solicitor?)

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