Completing a Will

[Susan62]

If someone cannot remember, because of their short-term memory, at the time of giving instruction to their solicitor. Is it legally acceptable under English law for them to write down to whom they wish their estate to be divided amongst, in their own handwriting, then verbally repeat the words written out loud to their solicitor to complete their will instruction? Otherwise it will be impossible for them to make any form of will. They have no children, and everything will go to the government, which they do not want to happen. Thanks for any help and guidance.

[sara3]

I'm not understanding why they can not re-write their will.. or obtain a copy to see if anything needs changing.

[woofgang]

I would think that it is sensible for anyone who needs to, to take some notes to the solicitor when they are getting a will written. The testator has to declare that they are of sound mind and the solicitor has to be reasonably sure of that and that there hasn't been coercion.

[dzug2]

It's legally acceptable for a will to be drafted that that way - but until it has been signed and witnessed it is of no validity

[factor-fiction]

I can't see aproble. If they want they could write it out and take it to the solictor if they want the solicitor to vet it and witness the signing. It doesn't need a solicitor to be involved at all

[Susan62]

Thanks for all the advise. The person in question never made a new will, which should have been done at the time when their "other half" died, over 10 years ago, and they themselves are now 91 years old. The lady solicitor who visited the house has said they much verbally tell her what to do with everything they have, and not to have it all written down first. I believe this is a ridiculous request at that age! It is not a matter cognisence really, more a matter of there being so much to sort out. Even I can't remember all the things she owns, and I am far much younger. The only alternative seems to be to leave everything to one individual, which would be unfair to others they may wish to leave items to, if this makes any sense? Thanks again.

[dzug2]

I suspect the solicitor is playing ultra safe to avoid any hint of suspicion that the person is unfit to make a will.

Doing an online will and getting it signed and properly witnessed may be another poissibility if the bequests are simple.

[woofgang]

dzug has echoed my point. Certainly when my DH went to make his will, we discussed it first and he took notes with him and that was a simple will...I wasn't coercing btw, he is deffo of sound mind (as far as a man ever is lol) We were doing mirror wills and i wasn't able to be there for the first meeting.
I don't want to be rude, but might there be any grounds for the lady solicitor to suspect coercion? Not that I think that there is but could it look like there was?

[woofgang]

PS Susan, what's your involvement here? How would you have any knowledge of what she owns?

[Susan62]

My involvement is that she trusted me with her lasting power of attorney last year, and have recently been requested to be her will's executor, as there is no-one else she trusts. I know that I cannot witness the will. I am just concerned that she will die without leaving a will, and want to help as best I can for her to get her affairs settled before passing.