Friend has paid £1,400 for a will and living wil package

[sadwidow28]

I am writing this post because I am supporting a friend who is very ill.

I do try to keep out of his affairs - and I ask that one of his sons supports him.

But here I go....

He was approached by The Pensioners Association (referred by the Stroke Association) and advised to sign over half of his house to his youngest son via a change in Land Registry. The reason given for this is to avoid care home bills if he survives another 6 months.

At the same time, he was encouraged to revise his will, his living wishes and a health document. (Sorry - I can't remember the titles used, but I recall he was given 4 documents)

The charge made by The Pensioners Association for these 2 meetings and drawing up the documents was £1,400

My friend (accompanied by his youngest son) had to attend an office in Birkenhead to sign all documents immediately. There was no time to read (not that my friend is able to read and remember - he has to have everything read to him slowly, in a way that he can digest the information, give him time to comment and then move on to the next paragraph. He is not without sense or sensibility, his brain simply doesn't work as quickly as it used to before his stroke - but he is 'all there'.)

I read the documents and the will and living/health do not reflect his wishes. So I contacted the representative and agreed that I would write something to signal the amendments. This was done with the full approval of my friend.

The new will came through the post yesterday, and it is still wrong!

Now here is my issue (sorry it took me so long)

I don't believe that any of these documents have been written by a qualified person. The amendments are my words in entirety - and I am not legally trained. The revised document has sub-clause errors in it - I can see where section 5(c) negates and invalidates another section 5(c). Whilst I have a professional job that requires me to understand and analyse Governments edicts, and I sit on national bodies advising, I don't have to do the formal legal writing. But, I can spot when a typist is just churning out stuff!

My friend now wishes that he had used my will-writer (who he has met several times as my friend). He felt bullied - which is why I asked his son to attend the meetings.

I have spoken to The Pensioners' Association representative - and my judgement is that he is no more than a 'double glazing salesman'. He has no background, credibility, understanding nor empathy. He sold a package for £1400 and is now on the 'hit-and-run' scenario.

How should I resolve this matter?

• a new will writer?
• have a legal expert check all 4 documents?
• Has anyone else heard about this Pensioner Association hard sell?
• Was it wise for my friend to 'hand over' 50% of his home to his son via change in Land Registry?

I am sorry that this is so long - I didn't want to drip-feed and I am so worried that I can see anomalies and don't know how to fix it.

You need mumblechum. Hopefully she will be along soon

Try trading standards, they may have a dept to support vulnerable people, they do in Hampshire.

That sounds awful. Advice on transferring ownership of house wrong, he would still be expected to pay forcare and I think timescale is around 7 yrs (so if property /assets transferred 7 yrs before should be ok)
Rest just sounds like shoddy practice and sadly not unusual. If any consolation, I've heard of people paying a lot more
Sorry

Also, am guessing other document was a lasting power of attorney? I would go back to age uk so they are aware if they are recommending this co. It sounds v cheap so am sure not solicitors doing this.
Does he have strong views on future care? If so (eg strong views on ng feeding / iv fluids / life prolonging treatment) then solicitor worth getting involved, if more general (eg. On resusc, general care) then a statement written and copied to gp, and other kept in "message in a bottle" probably just as good.
Power of attorney can be done yourself without solicitor (forms can be downloaded from web) if he has capacity to understand relevant info. If any Diagnosis of dementia, probably need a doctor to keep it watertight.
Will, know you can do yourself but don't know how easily.
From my experience (i work with older people), solicitors would start from scratch rather than go through existing paperwork but worth a try.

Oh dear God. I'm a high street wills and probate solicitor.

I never ever advise my clients to give away their property and a solicitor advising them must abide by the guidance given by the Law Society, i.e. are they aware of the risks should son die before him, go bankrupt, have a divorce etc.? It is a massive thing and should never be undertaken lightly. There are a few narrow circumstances where it is appropriate but they are usually where the child is living in the house with the donor.

If this has been done by somebody unqualified, I think a call to trading standards as mentioned above is in order. If it is a firm of solicitors, then they have to have a complaints procedure in force and if you are not happy with the outcome then you can complain to the Legal Ombudsman.

But on a practical note, has your friend paid? If not, and the document does not represent what he wants, then don't pay. And don't sign it.

If he has done a Lasting power of attorney for Health and welfare, a Lasting power of attorney for finance and property, a living will, a will and a transfer of property to son, then it is entirely possible that with disbursements which are fees paid out on behalf of the client (each LPA is £130 to register, Land Registry charges a fee too) and fees it could easily reach £1400, even at reasonable rates, but if he doesn't understand what he is signing and there are problems with it then they haven't done a good job.

If you want some more specific advice, PM me.

Agree with Ladyflip, your friend should certainly not pay the bill, it sounds as though he has been very badly advised.

If it's been done by a will writer, check whether they're a member of either the Institute of Professional Willwriters (IPW) or the Guild of Willwriters.

I'm in the IPW, and would expect that anyone giving such (apparently) poor advice would lose their membership and be taken off the Trading Standards Scheme which is associated with IPW membership.

Thank you for all your answers.

You have actually confirmed my own worst fears.

The bill (£1,400) was paid in full to the person who came from The Pensioners Association at the end of the 2nd meeting which was attended by his son - the one who now owns half of his house. The son then drove him to Birkenhead to sign all of the documents. At no time was my friend given the opportunity to read them - and it is a slow, methodical process to help his mind to digest information because of the legacy left by his severe stroke.

I have done some more checking and at no time has a professional will-writer been involved in this process.

I have checked on line and the 7 year rule is about inheritance tax. The friend's estate doesn't qualify for inheritance tax anyway (under the threshhold). The 6 month rule applies only to care home fees - however Councils are getting wise to this and have the ability and right to look at all gifts made in previous years.

Friend has given power of attorney to his youngest son (the one who owns half of the house now) and Friend wanted a statement inserted to reflect: "..... in consultation with [sadwidow]. I do not want to placed into a care home if a safe and secure environment can be provided for me, even if this means selling my current home and buying a part-share in another property which is better suited to my needs".

I am a widow - he is a widower - we are NOT emotionally entangled but we are best friends. After his major stroke 5 years ago, his children wanted him to go into a care home - I offered to take him into my home and nursed him for 2 years until he was able to live independently again. He walks again (against all the odds), he has limited speech (but I know what he is trying to say), he passed his enhanced driving test after 2 years of hard-work and therapy - so his brain is very much alive .....it just doesn't work in the same way as it used to.

We go on holiday together so I know him very, very well. He does not want his sons to put him into care if we can both sell our homes and buy a 2-bed bungalow between us.

To be honest, I wish I HAD interfered more now. It is such a fine balance isn't it when it is a strong friendship, but I don't have or want 'rights'.

I'll read back now and work out my plan of action. Friend knows that I am dissatisfied and checking things out by the way.

Thank you all once again.

Mumblechums - I'll PM you. I think I can find the money to pay for his will to be written professionally by a genuine person.

Ladyflip - son is the youngest child who lived at home when the wife/Mum died. Friend's memory remembers safe-guarding youngest son, but youngest son has been married for 14 years and lives in his own family home.

Friend was persuaded by the argument by The Pensioners Association person that 'handing over 50% of your house via a change in Land Registry will safeguard the inheritance for your sons and grand-children'.

Now it is because of the 'risk' of divorce amongst the sons that I got involved. I did the 'what if......' questions. I am clear about his wishes and I wrote the amendments he expressed to me and got him to send it via email. However, the will has come back with my amendments 'inserted' word for word in the new and I am NOT a will-writer.