None of these are trick questions. A good solicitor, paid or free, will be glad you asked them.
1. How long is the appointment?
This is the one that matters most. I have seen wills that were produced in thirty minutes. Quick, yes. But in half an hour, how much can anyone learn about your family, your property, the people you want to look after and the ones you would rather did not end up with anything?
Ask how long you will have. Ask whether there is a questionnaire to complete beforehand. If the answer is “about twenty minutes”, think carefully about whether that is enough for your life.
2. Does my situation actually count as a basic will?
Free Wills Month covers basic wills. Plenty of people assume theirs is basic when it is not. If any of these apply to you, your will needs more care:
- You live with a partner you are not married to. Unmarried partners have no automatic right to inherit.
- You have children from a previous relationship, or stepchildren. Stepchildren receive nothing unless you name them.
- You own property, a business, or a share in either.
- You want to protect your home for your children if your spouse remarries.
If that is you, ask up front whether there will be a charge, and how much. Better to know now than to be squeezed into a template that does not fit.
3. Will I be asked about a charitable gift, and what if I say no?
Expect the question. It is a fair one, given who is paying. A well-run appointment will mention the option once, explain how it works, and move on whatever you decide.
If you do want to leave a gift, there is a genuine upside worth knowing about. Leave at least 10 per cent of your net estate to charity and the inheritance tax rate on the rest of your taxable estate can drop from 40 to 36 per cent. For the right family, that can be a meaningful sum.
4. Who is being named as my executor?
One client came to us after a will written elsewhere had named the solicitors themselves as executors. Nobody had properly discussed it with him. Professional executors are sometimes the right choice, particularly where there is no family to call on, but they charge for the work, usually from the estate. If a firm is named, you should know exactly how their fees will be worked out, and that it is written into the will.
5. What about everything that is not money?
This is where rushed wills fall down most often, in my experience. Funeral wishes left out entirely. Not a word about online accounts, photos or digital currency. One will I reviewed had limited the client to six beneficiaries, even though he wanted to leave small gifts to several friends and charities.
Ask whether there is room for your funeral wishes, your digital assets, and as many beneficiaries as you need. You might also want a digital executor, someone you trust to deal with your online life.
6. How will it be signed, and who checks it?
A will that is not witnessed properly can be invalid. I have seen it happen. In England and Wales you sign in front of two independent adult witnesses who are both present at the same time, and anyone who inherits under the will, or their spouse, should not be a witness (if they are, they lose their gift). Ask who will oversee the signing, whether the finished will is checked before you sign, and who you can contact if your circumstances change later.
If you already have a will that was written quickly, I have set out the problems I have found in free and rushed wills in more detail, along with how a will health check works.