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Buchanan & Co - Solicitors & Conveyancers

22 - Feb - 2012

You're in Safe Hands Tel: 01246 471900

Why use a Solicitor

Wills

Who can make a Will?

Basically anyone with an ounce of common sense, but that does not necessarily mean that it's a good Will that will stand scrutiny in the event of it being contested.

Why use a solicitor to make your Will?

Solicitors are trained in all aspects of preparing a Will. Solicitors are governed by SRA rules (Solicitors Regulation Authority) and by their code of conduct.

It is generally expected that a Solicitor, when preparing a Will, meets with the client to ensure that their instructions are not being manipulated by others and that they have the mental capacity to give coherent instructions after all this is an official document personal to you and you expect it to be bespoke to your wishes.

In addition to a professionally prepared Will, Solicitors can also store the original safely to protect your will from loss or destruction (accidental or otherwise).

Why not just make a Will on line and save money?

This is an area of concern to the profession because of three basic facts

Who is preparing the Will? This is often software driven and your details are put into the boxes and produced generally to a bog standard format - all things to all people. If you check out the on line Will writers,

  • Are they Solicitors?
  • Do they have legal qualification?
  • If they do, how do they justify the SRA rule change?

Who is giving instructions for the Will? The danger in this type of Will preparation is that anyone can be giving your information to prepare an official document to distribute your wealth, at the time of your death.

Who is witnessing the Will? Although it is recommended that two people of standing in your community independently witness your will i.e. Post Master, Publican, Business Owner, Doctor etc they are not aware of the background to preparing the Will, indeed they are not being asked to check the Will, only your signature.....but is it your signature?

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