Making a Will is an important step in planning for the future, no matter your circumstances but for those who have never made a Will before, it may feel daunting or like one of those "important but easy to put off" jobs.
It's natural to wonder what actually happens during the meeting. I therefore thought it would be useful for you to have a rough idea of what to expect from a standard Will appointment, so that you can prepare yourself and come into the office feeling a little more at ease.
The good news is that the appointment is usually a straightforward, relaxed conversation where I will guide you through the process, explain your options and ensure that your wishes are clearly understood.
In this blog, I will walk you through exactly what to expect, from your first phone call through to signing day, so you can go in feeling prepared, not anxious.
Why Making a Will Matters
Thinking about what happens after you die is rarely comfortable and it can feel easier to put the subject to the back of your mind, especially as life is busy and the future feels far away.
Making a Will puts you in control of knowing your wishes are protected for your loved ones. Without a valid Will, your estate may be distributed according to the law of intestacy, rather than your personal wishes.
A Will also makes things a lot easier for your loved ones at a time when they will be grieving. A clear Will can give your family and friends guidance at an already emotional time.
You should tell your legal professional about anything that you feel could affect your Will, even if this feels difficult, complicated or uncomfortable. This may include previous marriage, separation or divorce, children from different relationships, stepchildren, estranged children, predeceased children, an unmarried partner, vulnerable beneficiaries or concerns about someone contesting your Will following your death.
Being open about your circumstances, allows us to advise you on how to help protect your assets and ensure your wishes are carried out in your Will. We are not here to judge you, and we have experience with all types of family circumstances. It is our role to help you safeguard your estate and ensure that your wishes are carried out.
Making a Will is an act of care, and is a way of saying “I have thought about the people and things that matter to me, and I want to make things as clear as possible for the ones left behind”.
Booking Your Will Appointment
To discuss your Will, you will firstly need to book an appointment to come and see us. There are several options on how you can do this and you can choose the option which suits your needs the most:
- Telephoning the office
- Popping into one of our offices
- Using our web chat on our website
- Emailing or writing in
When booking an appointment, your initial details will be taken to add you to our system and so that we can carry out our initial checks i.e. a conflict check against other clients whom we may be acting for.
At Timms, we aim to make you feel as comfortable as possible when you come into the office, but we do understand that there are times when this is not possible. As such, a conversation about a home visit might be necessary if you cannot make it into our offices. Please do ask us about the options available so we can assist you.
What to Prepare Before Your Appointment
You do not necessarily need to have everything worked out before your appointment. The purpose of the meeting is to help you understand what decisions you need to make.
It can be helpful to have some basic information with you in the meeting, including:
- A copy of any existing Will or estate planning documents you might have
- Details of your assets, such as your home, savings, investments and personal belongings
- Copies of your property title or deeds to your home
It is always essential to bring two forms of ID documents to your first appointment so that we can identify who you are, as we need to comply with our regulatory requirements.
During the meeting we will discuss your personal and family circumstances, so details of the following may be helpful:
- The names and address of the people who you would like to include in your Will
- Details of any children or dependents
- Details of any businesses, trusts or overseas assets
Ensuring you have thought about these details prior to your appointment is important as the appointment will be more efficient and relaxed for you.
What Happens During the Appointment
Your appointment will involve conversations surrounding your personal circumstances, your family members, your assets and your wishes for the future following your death.
You will be asked to think about who you would like to inherit your estate, who would you like to act as your executors, and what you would like to happen if any of your chosen beneficiaries die before you.
If you have children that are under the age of 18, you may also wish to think about who you would like to look after them if you and their other parent were to die before they reach 18.
You may also wish to add specific funeral wishes or directions to assist your loved ones during the difficult time following your death, or if you would like to add specific or cash gifts within your 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 (the person making the Will) 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
This is not something to worry about. If you do have any concerns about your mental capacity or have been medically diagnoses with an illness effecting your capacity, this does not mean that we cannot assist you. One of my previous blogs titled 'Do I need a Lasting Power of Attorney for Property and Financial Affairs if I Have a Joint Bank Account?' might be helpful to read. CHECK!
You may also wish to think about Lasting Powers of Attorney. Martin Lewis often speaks about Lasting Powers of Attorney (or LPAs) and reminds us that they are not just for the elderly. If you would like to learn more about Lasting Powers of Attorney click here.
After the Appointment: Drafting Your Will
Shortly after your first appointment, you will receive a client care letter which clearly sets out our Terms of Business and the agreed quote for your Will.
It is important that you take the time to read your covering letter to confirm your instructions and raise any questions you might have following the appointment. You might also want to request changes to your Will after having time to digest your first appointment and the questions that are asked.
Around two weeks following your appointment, you will receive your draft Will and a detailed covering letter explaining the content of your Will with explanations of all the provisions listed for your understanding.
If you feel that you require an urgent Will, please ensure you make us aware when booking your appointment and discuss the details of this with your legal professional.
Signing Your Will Correctly
Taking the leap to attend your first appointment is important but until the Will is correctly signed and witnessed, it is not a legally valid document. Getting the signing process right matters because mistakes can create uncertainly about whether the Will is legally valid following your death. This can have serious consequences for the people you leave behind.
As the Will is a legal document, there are strict formal requirements for how it must be executed. These requirements are designed to provide evidence that the document represents your wishes and that you signed it voluntarily and free from influence.
During the course of your instructions to prepare your Will, we will offer you a second appointment to sign your Will, and we will arrange the witnesses.
In order for a Will to be valid, it should be signed and witnessed in a particular way:
- The Will must be firstly signed by the testator (the person making the Will)
- There must be two independent witnesses over the age of 18 years, who must witness the testator sign and sign the Will thereafter as witnesses
- The witnesses must print their full name, address and occupation
- The Will must be dated on the day of signing
You must always check that:
- You understand what you are signing
- The witnesses are present at the time of signing
- Everyone signed in the places required
- The date is recorded on the Will
- No pages of the Will are substituted, removed or added after signing
- The completed original is stored safely and securely
We will assist you through this process by discussing the content of your Will during the appointment with you, ensuring any questions you may have are answered prior to signing and ensuring your Will is signed and dated correctly.
How Much Does a Will Appointment Cost?
Our prices are competitive and we are often able to offer a fixed fee option. Please speak to a member of our team to discuss obtaining a quote on freephone 0800 011 6666 or at legal@timms-law.com.
We also participate in numerous Charity Will schemes throughout the year.
Final Thoughts: Making Your Will Doesn't Need to Be Daunting
Booking a Will appointment is one of the simplest things you can do to protect the people who matter most to you. As we've seen, the process is straightforward, unhurried, and guided by a professional who is there to make things clear, not complicated. You don't need to arrive with all the answers; you just need to arrive.
We have four offices across the Midlands in Derby, Burton on Trent, Swadlincote and Ashby de la Zouch, all with nearby parking and welcoming reception teams if you are visiting.
We are incredibly proud of the high levels of client care we offer. If you would like to know what our clients say, please check out our Google reviews or visit our testimonials page.
Get in Touch to Book Your Will Appointment
At Timms Solicitors, our Wills and Probate team is always on hand to talk you through every step, at a pace that suits you, whether that's in person, at home, or over the phone.
Get in touch with us today to book your Will appointment and take that important step towards protecting your family's future.
The team and I can be contacted on freephone 0800 011 6666 or via email at legal@timms-law.com
Frequently Asked Questions
How long does a Will appointment take?
Most Will appointments last between 45 minutes and an hour, though this can vary depending on how straightforward your circumstances are. If your affairs are more complex, for example, involving a business, trusts, or overseas assets, your solicitor may suggest a longer session or a follow-up meeting.
Can I make a Will without visiting the office?
Yes. Many clients choose to have their Will appointment over the phone, via video call, or at home rather than in the office. Whichever option suits you best, your solicitor will guide you through the same thorough process to make sure your wishes are properly recorded.
What if I'm unsure whether I have mental capacity to make a Will?
This is a common concern, and nothing to worry about raising. Your solicitor is trained to assess capacity sensitively during your appointment, and if there’s any doubt, they may recommend a formal assessment by your GP to confirm your Will is fully valid and won’t be challenged later.
Do I need to bring anything to my Will appointment?
It helps to bring photo ID, details of your assets and property, and your existing Will if you have one. It’s also useful to have thought about who you’d like as executors and guardians in advance, though your solicitor can talk this through with you either way.
Can I change my Will after it's signed?
Yes. A Will can be updated at any time as your circumstances change, whether that’s a new property, a growing family, or a change in wishes. Changes should always be made formally, either through an official amendment or by making a new Will, rather than editing the original document yourself.
Who needs to witness my Will?
For a Will to be legally valid, it must be signed in the presence of two independent witnesses, who then sign it themselves. Solicitors typically arrange this as part of the signing appointment, often using a colleague as the second witness to keep the process simple and correctly handled.
