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Do I pay if not happy with draft WILL?

2 replies

vannah · 23/10/2007 15:57

I recently went to see a solicitor and he sent me a draft will which I thought was worded very badly and could easily be misunderstood.
So I emailed him a very short, polite email saying that I would like a couple of points made explicitly clear in the will. He wrote me a letter in return to say that he has incorporated those points but that he feels I ought to be more flexible in my will.

I think thats my decision if I want to be flexible about what to do with my assets or not.

Basically I dont like the will, not happy with the way its worded, do I pay him the full £90? Should I call and tell him I dont want the will but how much should I pay for his time? Or should I continue to fight for the will I want?
And can it ever be worded more simply or does it HAVE to be in old English???
Sorry if I sound a bit dim...

thankyou

OP posts:
demonaid · 23/10/2007 16:15

There are things that do more or less have to be done (e.g. there shouldn't be any commas, and so it needs to be phrased in such a way as to be understandable without them), and there are some things that may sound like common sense but that you can't include. It will depend on the specifics. But typically sticking with the standard form (which is more difficult for you to understand, but has a body of case law behind it on exactly how it will be interpreted if there ends up being a legal dispute over it, so minimises the likelihood and cost of any dispute) will make it sound pretty old-fashioned.

I think continue to push for the will you want, so far as it's legally possible to have the will you want (there are some things you just can't do, or that won't have the effect you intend if you try to do them). Do listen to the explanations for why he thinks you should be more flexible, though -- one advantage of that would probably be that you don't need to pay another £90 and get another will every time any circumstances change, for example (and there may be other legal repercussions that you haven't thought of.

vannah · 24/10/2007 22:04

thanks demonaid...definately dont want to pay another 90.
Hmm, situation is pretty complicated and I have thought it through, I cant afford to be 'flexible' in the way he suggests for many reasons.
Will contact him again and see what he says.
thanks again

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