Legal disclaimer

Spot the difference - Will Writer or Solicitor?

You don't need a Solicitor to write a Will, but as they are qualified to write Wills, using a Solicitor can give real advantages and peace of mind.

Richard Dale, of Dale and Co. Solicitors in Lincoln, said 'your Will is an important document and it is important to be confident that it clearly sets out your wishes, is enforceable and is thorough.

By using a qualified Solicitor to prepare your Will, you make sure that you are getting professional, quality advice. The consequences of having a badly prepared Will can be extensive. You may end up paying a lot more, the advice given may not be in your best legal interests or your Will may not clearly set out your wishes - or could even be invalid - leaving your family with an expensive muddle to sort out at an already difficult time.'

It can be very tempting to use Will Writing services - which often advertise very low fees and home visits, but check your options carefully. Recent research has stated that 67% of people believe that Will writers are all Solicitors - this is incorrect and it is important to know the difference.

'Make sure that you check the credentials of the person writing your Will, and what is included in the price. It is also vital that you make sure that whoever makes your Will is properly insured - to guarantee their work' said Mr. Dale.

Will writers charge hidden fees, and as you do not need qualifications to work as a Will writer, the completed Will may not be of the best quality. Solicitors are regulated and so their charges are likely to be less. They may also be able to store your Will for free. Dale and Co. Solicitors offer this service and will also send you Will reminders to make sure that your Will is always correct and up to date. All Solicitors will hold the necessary insurance, but as Will Writers are unregulated, they may not have this in place.

If you use a firm of Solicitors, you may deal with a qualified Legal Executive (who will use the initials F.Inst.L.Ex after their name). Legal Executives will provide you with the same benefits of using a Solicitor. They will be supervised by a Solicitor and, as part of a firm, will have access to a breadth of legal specialists that a Will writer will not.

If you have used a Will writer for your existing Will and are not confident of their qualifications, you can ask your Solicitors to check the document for you.

Dale and Co. Solicitors Lincoln are happy to check your Will for errors or omissions and will make sure that your Will clearly sets out your wishes.

I have been asked to be an Executor, what does that involve?

If you are asked to be somebody's executor, consider it carefully as it is a serious obligation. Being an executor means that when the person dies, you will be responisible for settling their estate. This involves collecting any monies due, settling any debts and settling the estate as set out in the Will.

Dale and Co. can advise if you are acting as an Executor, and can explain the role and the specific responsibilities as laid out in the Will.

The belongings of the person who has died have to be ‘released’ to pay debts, funeral expenses and taxes if applicable.  Then the balance can be given to whoever is named in the Will.  The process is known as ‘Probate’.

A valid Will usually names the person who oversees this, known as the ‘Executor’.  This can be a friend, relative or professional person such as a Solicitor. Often two are appointed, one personal and one professional.  Probate involves an application to the Court to release the funds, including savings accounts, of the person who has died.  

This will also depend on:
• whether the Will is legal and valid  -
• whether another Will has been made since 
• the legal effect of the Will

Are there any liabilities or possible problems about being an executor?
If you are found to be negligent in carrying out the duties you can be prosecuted.  If for example you sell assets at less than their market value you may be found liable.

Dale and Co. Disclaimer

Dale & Co. Solicitors are authorised and regulated by the Solicitors Regulation Authority.

This website contains general information only which does not constitute specific professional legal advice.
Every effort is made to ensure the content is accurate but users should take legal advice before using or refraining from taking any action. We do not accept responsibility for any loss which may arise from reliance on information contained in this website.

We permit the downloading and storage of these pages for the sole purpose of viewing on a personal computer but not for any commercial purpose. The reproduction of this website as a whole or in part is prohibited and the permanent storage or retransmission of the contents of this website is also prohibited without written consent of Dale & Co. Solicitors Lincoln.

Dale and Co Solicitors, and Dale and Co Solicitors Lincoln, are the trading names of Dale and Co Solicitors Limited. Company Number 6676941. Registered Office as opposite. Registered in England. Directors - Mr. Richard Dale and Mrs. Georgia Corby. VAT Number 365 2874 27. SRA Number 62764

Contents of this website © Dale and Co. Solicitors Limited

Are you, or do you intend to become a commercial property landlord?

Dale and Co. Solicitors Lincoln 13 point commercial property landlord checklist

Confused about Lasting Powers of Attorney?

Recent media coverage has left local people confused according to Lincoln Solicitor Richard Dale, who attends a weekly legal surgery at Age Concern.

Lasting Powers of Attorney have attracted a lot of attention and we have experienced a surge in enquiries. A Lasting Power of Attorney is a legal document that allows you to choose someone you trust to make decisions about things such as your health care or finances on your behalf at a time in the future when you may lack the mental capacity to make those decisions for yourself. The recent change from the Enduring Power of Attorney to the Lasting Power of Attorney has meant that some people are now feeling worried about whether they need to make a Lasting Power of Attorney, and if their existing Enduring powers are still valid. We are happy to help whether you have a quick question or need more detailed advice.&.' said Mr Dale.

Dale & Co. Solicitors has provided a free guide which is available from the office on Beaumont Fee or from Age Concern.

Lasting Powers of Attorney were introduced in 2007 and replaced the Enduring Powers of Attorney. The Lasting Powers have additional safeguards included to protect you from fraud which require a certificate provider and to register the document with the Office of the Public Guardian. Their are two different types - one for your finances (similar to those issues considered in the Enduring Power of Attorney) and one which includes your wishes for your personal welfare, such as medical treatment and care homes, which the Enduring Powers of Attorney did not set out.

If you have made an Enduring Power of Attorney it is still valid and will need to be registered if it becomes necessary for the Powers to be used. You can also make a Personal Welfare Lasting Powers of Attorney to run alongside your existing Enduring Powers of Attorney to cover those issues not included in your original document.

Contact Dale and Co. Solicitors to request your copy of our complimentary guide or to book an appointment.