For experienced will writing – it’s more than just form completion
Can I make a will online? After the past few months this has become a very relevant question. Our Private Wealth & Inheritance team have kept working throughout lockdown during which time we made hundreds of Wills – so the answer is very firmly yes. But we have drawn a number of conclusions from our experience.
During lockdown we used two different models to take instructions.
A simple online will form
Firstly, we offered a purely online service where we asked clients to complete an online will form and submit this to us. This was always intended as a fixed price basic service for people whose circumstances were straightforward and required no special advice.
This service operated reasonably well, yet we did find that far too many people who tried to use had more complex affairs than they originally thought, which required a more bespoke approach.
A will form and video call
Secondly, we offered a modified version of our usual service when we asked clients to complete a comprehensive questionnaire and then to have a meeting usually conducted by a video or audio link. The video meeting was to replace the more usual face to face meetings that we hold. This sort of service was always intended to be more personal than the purely online service and is suitable for those whose might want tax advice or whose circumstances were not entirely straightforward.
You would assume that this new method of remote working and video conferences would save time and reduce costs both for us and for our clients. To our surprise this was not the case and instead we found that the time engaged and the consequent costs actually became greater. There seems to be something about the body language of face to face meetings which cannot be replicated by phone or video link. We often found ourselves repeatedly having to raise new questions and/or redrafting Wills as different nuances that had been missed in the over video link came to the fore.
Contrary to what many seem to think the will making process, taking instructions and writing Wills is not just a simple case of ticking boxes and tinkering with standard templates. The experienced Will writer does not just rely on replies to standard questionnaires, but also on instincts which will often lead to unexpected lines of enquiry, and may result in Wills which achieve what the client wants, but achieves it in ways that neither the client nor the Will writer expected. In theory is it possible to for a questionnaire or an online fact find to ensure that no stone is left unturned, but trying to prepare the necessary questionnaire, let alone expect most clients to have the patience to complete it, is nigh on impossible. This means that at the end of the day it is more often than not down to the skill and experience of a Will writer to draw out the required information, and sadly it seems that at present for one reason or another trying to do this remotely, even with the aid of modern technology does not seem to work anywhere near as well as the old fashioned face to face meeting.
Drafting a will
Will drafting is not a formulaic science, it is a highly skilled and time-consuming task, trying to either buy or sell Wills on price is a dangerous and often counter productive game.
Herrington Carmichael continues to work with the demands of our clients and use modern technology to assist us to take instructions, prepare wills and where possible reduce costs, but at the end of the day it is likely that we will continue to recommend the use of old fashioned face to face meetings if possible.
For more information on Will drafting and an indication of costs please speak to a member of our Private Wealth Team.
This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.
Anthony Tahourdin
Consultant, Private Wealth & Inheritance
Sign up
Enter your email address for legal updates on Private Client & Family Law.
Make a will online
If you would like to start the process of making a will. Fill in our will questionnaire and submit the form by email to our specialist team. We can then create a will tailored for you from the details you provide.
Latest Articles
What is a cross-border Estate?
When an individual dies, their assets and liabilities are calculated as at the date they died, this is known as that individual’s ‘Estate’.
I am going to inherit some money…what do I do?
Charitable Trustees should seek to maximise the return on their investments; except where the investment is in explicit conflict with the Charity’s purposes.
Q&A: Understanding Power of Attorney
By having a Lasting Power of Attorney (LPA) in place, it allows you to appoint one or two close friends or relatives to make decisions.
Top Legal Insights
Contract Law
Material Breach of Contract
What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?
Property Law
Commercial Lease: The Financial impact on Landlord and Tenant
Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.
Divorce and Family Law
Divorce in Lockdown: Can I get some discreet legal advice?
We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...
Land & Property Dispute
Restrictive Covenants – The Price of Modification
Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?
Award winning legal advice
Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2024’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023 & 2024’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.
London
60 St Martins Lane, Covent Garden, London WC2N 4JS
Camberley
Building 2 Watchmoor Park, Riverside Way, Camberley, Surrey GU15 3YL
Wokingham (Appointment only)
4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ
info@herrington-carmichael.com
© 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.
Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.
Privacy | Legal Notices, T&Cs, Complaints Resolution | Cookies | Client Feedback