'Why can't I sit in a Will meeting?' is one of the most common questions we are asked when taking a Will appointment.
You may wish to attend the office with an elderly parent, spouse, friend and they often have your best interests at heart; wishing to support you through the process. It is crucial to know that there are important legal and professional reasons as to why we insist on speaking to the person making the Will in private. This prevents any future family disputes or difficulties when dealing with your estate after death.
Why Do Solicitors Ask Family Members To Leave During A Will Appointment?
A Will is one of the most personal legal documents that sets out how your assets are to be distributed following your death. Our duty as legal professionals is to ensure that your Will accurately reflects your wishes. Having a one-to-one meeting with our client allows us to ensure that the instructions we are receiving are without influence from others. We are here to safeguard your wishes to ensure the correct legal action is taken.
Our duty is to our client, and we are bound by strict legal confidentiality obligations. It is normal for you to want to discuss family circumstances, personal and financial details in front of a loved one, especially when in an environment that may not be comfortable.
Despite this, we must insist that we undertake confidential Will instructions. Our duty is only to our client and we value the importance of independent instructions to protect the validity of your Will and vulnerable clients.
What Is Undue Influence In A Will?
The most significant risk of others being in attendance of your Will meeting is undue influence. Undue influence occurs when a person’s free will and judgement are affected by manipulation or pressure from another person.
This is often for financial or personal gain and can be common in Will making, estate planning and probate. Often friends, family member or even carers can have strong opinions on our choices and you may feel pressured to agree or make a decision that is not freely your own.
Undue influence can be difficult to identify but by meeting clients alone, we are able to ask the right questions to ensure that your instructions are freely made and your own. This will protect your Will’s validity following your death and any potential claims arising following your death.
If concerns of undue influence are made following your death, showing evidence that we met with you privately is crucial when defending your Will in Court.
Will disputes are very stressful and costly for families following the death of their loved ones. Minimising the risk for both yourself and your decisions is our paramount priority. This will safeguard the validity of your Will and reduce any challenges or disputes on your estate when you have died.
How Do Solicitors Assess Mental Capacity When Making A Will?
During the process of making a Will, we must be satisfied that you have the mental capacity to proceed. The landmark case legal professionals stand by is Banks v Goodfellow. The testator must understand:
• The nature and effect of making a Will
• The extent of their assets they are gifting
• How the Will distributes their assets
• Weigh the risk of a contentious claim against their estate as a result of their decisions in their Will
We will observe and assess your capacity to understand these points during the meeting which highlights the importance of the meeting being private.
The assessments we undertake can be difficult to come to a conclusion if another person is answering questions on your behalf.
Can Someone Still Help A Relative With Their Will?
We believe that support from family and friends is still important in other forms. Your loved ones may wish to accompany you to the office by assisting with transport, gathering important information and documentation prior to the appointment, and explaining any communication needs you might have.
They may need to gather the correct ID documentation for your initial appointment.
It is common practice for legal professionals to require at least part of the meeting alone. When the details have been taken that we require and we are satisfied you are providing your own instructions, there may be circumstances where it is appropriate for others to then join the meeting.
What Happens If A Solicitor Suspects Pressure Or Lack Of Capacity?
If we raise concerns over your capacity, it is not something to feel embarrassed about or to be taken as a criticism. A Will is only a legally valid document if the testator (the person making the Will) has testamentary capacity (the capacity to make a Will) at the time of signing the Will. It is a normal feeling to worry about the questions that might be asked. It will always be our aim to ensure that the Will is legally valid rather than stopping you from making a Will.
Where genuine concerns might be raised in relation to your testamentary capacity, we may recommend a capacity assessment or be unable to proceed without it. In these challenging circumstances, we will guide you through the process and assist in obtaining the documentation needed, whether this be through your GP or an independent capacity assessor. This capacity report can provide valuable evidence if your Will is then contested in the future.
Early planning is essential when thinking about a Will. Having your Will drafted is always better to be done sooner rather than later to avoid delays and additional costs or even disputes following your death. We are here to safeguard you.
How To Prepare For A Will Appointment
To prepare for an appointment, it is best to begin to think about your wishes:
• Who would you like to appoint as executors?
• Who will benefit from your estate?
• If you have young children, you may wish to think about potential guardians if you were to die before they attain the age of 18 years.
• Would you like to leave a gift to a charity?
During a Will appointment, we will assess the size of your estate to advise you on any tax implications following your death. It is therefore paramount that you prepare a summary of your assets so we can provide accurate advice. You may wish to write down any questions before the meeting.
Finally, always remember your ID.
'Why Can't I Sit In A Will Meeting?' - Summary
Making a Will is a personal and important process, and it is entirely normal for a solicitor to ask to speak with the person making the Will privately during an appointment. These conversations help ensure that decisions are being made freely, that the client fully understands their wishes, and that the Will accurately reflects their intentions.
Taking these steps can also help reduce the risk of future disputes, particularly where concerns about capacity or undue influence may arise.
How Timms Can Help
If you would like advice about making a Will, updating an existing Will or supporting a loved one through the process, the experienced Wills and Probate team at Timms Solicitors can help.
Our friendly and approachable team can guide you through every stage of the process and provide clear, practical advice tailored to your circumstances.
For further information visit our Wills & Probate page here or to arrange an appointment, please contact Elisha Poole on 01283 561531 or by email at e.poole@timms-law.com. Get in touch today to discuss how we can help you put the right plans in place for the future.
Frequently Asked Questions
Can my elderly parent take me to their Will appointment?
Yes. Many people attend appointments with a trusted family member or friend for support. However, the solicitor will usually need to speak to the person making the Will privately for at least part of the meeting.
Can a solicitor refuse to let me stay in the room?
Yes. Solicitors have a duty to ensure the client is making their own decisions freely and without pressure. Speaking to the client alone helps protect the validity of the Will and reduces the risk of future disputes.
What if my relative has dementia?
A diagnosis of dementia does not automatically mean someone cannot make a Will. A solicitor will assess whether the person understands their decisions, assets and the effect of the Will. In some cases, medical evidence may also be required.
Can I speak on behalf of my parent?
You can help with practical matters and provide background information, but the solicitor must take instructions directly from the person making the Will wherever possible. This ensures their wishes are clearly understood and independently confirmed.
Will this prevent disputes after death?
While no process can guarantee disputes will never arise, private discussions, detailed attendance notes and capacity assessments can significantly reduce the risk of a Will being challenged in the future.
