Some queries re Changing Wills

[Futurehappiness]

We (DH & I) set up our wills some years ago. These are mirror wills but included details of a trust fund to set up on behalf of our adult DS who has severe learning disabilities. So: not completely straightforward.

More recently the original solicitor closed down, and advised that possession of our wills had been transferred to another solicitor previously unknown to us, who was located some miles away. We have copies of the original wills, and decided in the meantime that we wanted to make some changes (primarily re the trustees, and contact updates).

We have tried to work with the new solicitor to make these changes, but have encountered a few difficulties - to summarise:

It has been hard to communicate with them by email and to receive prompt responses, and when they did communicate it was rather vague and unhelpful.

We eventually made an appointment to discuss the changes, and arranged full days off work to enable us to attend (they knew this & where we were located). That was fine, however when we were there we were told that we needed further documentation as proof of id/address etc. before the wills could be finalised, and so would need to arrange another appointment. I feel that they could have let us know what we needed to bring so it could also be dealt with on the same day?

At the appointment the solicitor turned up with a very young teenager and said 'This is our work experience person, can he sit in on the meeting?'. We feel that was really unprofessional and embarrassing for everyone given the sensitivity of what we were discussing, and that we should have been asked beforehand if we were happy with this.

This meeting took place some time ago now and there has not been any follow up from them re arranging a new meeting. No payment has been sought or changed hands.

I feel at this stage that rather than persevering I would like to just find a new (probably local) solicitor and start from scratch in arranging new wills, I don't mind if this is more expensive. My questions:

Is it reasonable for us to be dissatisfied with the current solicitor and to seek a new one?

If new wills are issued, will they automatically supersede the old ones? Or is any other action required by us?

Of course it us reasonable to be dissatisfied and go elsewhere.

It is good practice to destroy old wills to stop confusion.

Thanks for this @TeenToTwenties , do you know if we need to ask the previous solicitor to destroy the original will they are holding? Or is it enough to issue a new will with a current date and notify the trustees where it is held?

Are you in England & Wales in terms of jurisdiction?

Yes we are.

That’s very poor service. I request ID before the meeeting, along with details of proposed executors, trustees as beneficiaries to avoid wasting time on that sort of basic admin during the meeting, and the draft wills are issued for approval 3 days after the meeting, I presume that they didn’t do that because they didn’t have your ID to open the file?

Anyway to answer your questions, once you’ve signed the new wills, the old ones are immediately revoked. If possible it’s always best to obtain the old wills and destroy them.

make sure that your new wills include a Vulnerable Beneficiary’s Discretionary Trust.

You are completely right to change solicitors. What numpties! They have shown they don't deserve your business and I'd be concerned about their (lack of) legal abilities too.

When you set up your new wills, there should be a clause at the beginning stating that 'this will supersedes any previous will(s)' or words to that effect. Destroy any copies you hold of your old will and put a copy of the new one in place. Notify anyone who might need to know that you have changed solicitors and updated your wills too plus let them know where to find your personal copy.

Recently, on t'internet, there have been posts about all the other things executors need to know which are not actually in the will: list of accounts & pensions, list of passwords & user IDs, list of utility companies and other regular bills; where to find the deed(s), car info) so you might like to compile this. You can add it as a 'letter of wishes' to your will or keep it somewhere safe that the right people will be able to find. Having resolved DH's estate not too long ago, I was v grateful that he'd made a list of all these things.

Given that you aren't satisfied with the old solicitor, I would suggest that you get your old wills back and destroy them yourselves. It should be enough to just create new wills with a more recent date on but why confuse matters?