What Should I Expect At My Will Appointment?
“What Should I Expect At My Will Appointment?” Wills and Probate Solicitor Charlotte Day discusses in her latest Timms blog…
I often have clients tell me that they were nervous and apprehensive about coming to the office to meet with me to discuss their Wills. As they didn’t know what to expect, and as the whole process is alien to them, I have been told that it can be quite daunting. Thankfully they don’t leave our meeting feeling the same way!
I thought it would be useful for our clients to have a rough idea of what to expect from a standard Will appointment, so that they can prepare themselves and come into the office feeling a little more at ease.
Making The Will Appointment
You will first need to make an appointment to come and see us. You can do this by telephoning in, popping into one of our offices or by using our web chat on our website. Your initial details will be taken, and an appointment will be made with one of the solicitors.
Sometimes clients want to have a chat with the solicitor by phone before actually making an appointment about their Will needs, costs etc. which is also fine, and an appointment can be made directly with the solicitor following this initial conversation.
On Arrival
On arrival at the office for your Will appointment, you may be shown into the waiting area or straight into the meeting room where you will then be greeted by the solicitor handling your file. They will introduce themselves and allow you time to get settled.
Your solicitor will ask for your ID documents which ideally would be your passport and driving licence, but if you don’t have one of these then you may be asked for a bank statement or utility bill dated in the last 3 months, your bus pass or your blue badge. Photo and address ID is needed to comply with our Anti-Money Laundering and ‘Know Your Client’ obligations.
Attending With Others
You should be aware that if you have been accompanied to the meeting by someone who is not also making their Will, then your solicitor will ask that they wait in reception so that you can be seen on your own. There are circumstances, which can be discussed with a solicitor, where third parties may be allowed in for at least part of the meeting, but the main concern is to ensure that you are giving the instructions that you wish to give without the fear or pressure of anyone else being present.
The Initial Conversation
This part of the meeting is your opportunity to briefly outline to your solicitor why you have come to see them. For example, you might be making a Will for the first time, or you might be wishing to make some changes to an existing Will. You might already have a Will and be unsure whether you need to make any changes at all, so this is your opportunity to tell your solicitor about your current circumstances.
The Will Checklist
Your solicitor will then take you through the Will Checklist which we have designed to gather all the information we need to take full instructions for your Will including; your personal details, your Will history, details of your family, any mental health or general health concerns that may affect your ability to make a Will and about your finances.
It is always a good idea to come along with a note of the names and addresses of the various people who you want to include in your Will and a note of the current value of your assets i.e. the value of your house, your bank account balance and the value of your investments, but if there is any information missing then you can always provide this after the meeting.
This conversation will also be an opportunity for your solicitor to assess your capacity to make a Will and if there are any concerns then these will be discussed with you. It may be that your solicitor feels that you need a capacity assessment to be carried out by your GP to confirm capacity. If this is the case then the reasons for this and the process will be explained to you.
The Will Instruction
The final part of the Will Checklist seeks to collate your Will instructions. Your solicitor will go through each of the different elements that make up a Will to confirm with you what provisions you would like to make. It is a good idea to come along to the meeting with a rough idea of who you want your executors to be, who you want to leave your estate to (by way of legacies or the residuary estate) and whether you might need guardians appointing for minor children etc.
If your circumstances require the inclusion of a trust for example, to protect your share of the family home against a future remarriage by your spouse or their long term care costs, or if your wish to use a Will Trust to protect a family member from themselves, then these are all discussions that the solicitor will have with you.
Your solicitor may also discuss other matters such as Lasting Powers of Attorney with you.
After The Will Appointment
Following your initial meeting you may need to provide your solicitor with additional information or final decisions as to your instructions. You will be provided with their business card so that you can get in touch.
Your solicitor will then prepare the draft documentation and send it out to you by post or email with a detailed covering letter explaining all of the provisions. You may also be sent some supporting documents such as copies of the title to your property or a memorandum setting out to the Court why you have a left a family member out of your Will.
You will have the opportunity to consider all of the draft documents, ask any questions that you might have and then to approve the drafts.
The Will Signing
Once the drafts have been approved, you will need to come back into the office to sign your Will. Whilst it is possible to sign your Will away from the office with two independent witnesses, it is always better to come back into the office to sign so that your solicitor can ensure that the appropriate formalities for a valid Will are met.
At that appointment, the Solicitor will produce the engrossed Will and will take you over the provisions of the same to ensure your approval and understanding. Once this has been confirmed you will be asked to sign the Will in the presence of two independent witnesses. Usually this would be the solicitor and another colleague.
The End Of Your File
Once signed, your Will will be stored by Timms (we do not charge for this) and a copy will be sent to you to keep at home.
We also send ‘Executor Cards’ which can be given to your Executors now so that they know who to contact about your Will following your death.
You will be sent a ‘Closing Letter’ confirming that you matter has come to an end and you will be reminded in this to review your Will every few years, or sooner if your circumstances change. You can make changes to your Will at any point in your lifetime provided that you have the capacity to do so.
How Can Timms Help?
If you have any further questions regarding Wills & Probate, please do not hesitate to contact me on 01283 561531 or via email at c.day@timms-law.com. Alternatively, you can visit the Wills and Probate page of our website here.
