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Is my Will valid?

  • 22-03-2012 4:45pm
    #1
    whydoibother
    Registered Users, Registered Users 2 Posts: 326 ✭✭


    I made a will today. Solicitor did not charge me for it and in the end she gave me a copy of the will, which I had a look at now at home. I am surprised that there is no date on the will and also it is not stamped and the solicitor's name is not printed on the header. This was made at a solicitor's office in Tralee. Just wondering can this be valid without a date or stamp? I mean, if in the future I decide to change my mind and go to a different solicitor and make a new will, how can we tell which will was the most recent when there is no date?
    Thanks for your help.
    Rory.


Comments

  • #2
    Dixie Chick
    Registered Users, Registered Users 2 Posts: 1,062 ✭✭✭Dixie Chick


    Is it a photocopy or a printed copy of what was drawn up? Is the orignal signed and stamped copy with the solicitor and yours just for your own records?


  • #3
    whydoibother
    Registered Users, Registered Users 2 Posts: 326 ✭✭whydoibother


    Dixie Chick wrote: »
    Is it a photocopy or a printed copy of what was drawn up? Is the orignal signed and stamped copy with the solicitor and yours just for your own records?

    The original is signed by the solicitor and the solicitor's secretary however it is neither dated nor stamped. They gave me a photocopy of the original.


  • #4
    magoko101
    Registered Users, Registered Users 2 Posts: 43 ✭magoko101


    Contact the solicitor and highlight that you noticed they must have forgotten to charge you for the will. They will then either ask for payment or indicate why they haven't charged you.

    You can then ask for a signed and dated copy of the will to be posted you, indicating that the copy you were given is neither dated or signed.

    It appears that your concern is that the solicitor may be a little dodgy.
    If this is how you feel then it might be better to find one that you have more confidence in and they can direct you as to how to clear up any issues relating to your will.


  • #5
    whydoibother
    Registered Users, Registered Users 2 Posts: 326 ✭✭whydoibother


    I also found strange that she never asked me for any type of ID, either card or photo ID. She just believed I was who I was claiming to be...

    I am just trying to establish whether or not this is normal procedure before I act upon it.

    Thanks,

    Rory


  • #6
    silvervixen84
    Moderators, Social & Fun Moderators, Regional Abroad Moderators Posts: 6,485 Mod ✭✭✭✭silvervixen84


    It might be that if you're a regular client of the solicitor she did the Will for free. I used to work for a solicitor and we often did free wills for clients or customers of credit unions we acted for.

    Best thing to do is make another appointment with the solicitor to sign another Will. It can be exactly the same as the one you made today but it will be signed, dated and witnessed correctly and therefore be valid. Make sure they give you a copy of the new version and shred the old Will.

    Feel free to point out their oversight too, it's not very professional of them to mess up like that. If anything had happened to you (God forbid), your Will wouldn't be recognised by the Probate office and your estate would be intestate.


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  • #7
    whydoibother
    Registered Users, Registered Users 2 Posts: 326 ✭✭whydoibother


    silvervixen84 wrote: »
    It might be that if you're a regular client of the solicitor she did the Will for free. I used to work for a solicitor and we often did free wills for clients or customers of credit unions we acted for.

    I had never gone to this solicitor before myself but my partner did in the recent past for other matters, that's why I went to her, but from what you say the will does not seem to be valid as its not dated or stamped. I wish I had spotted that when she gave me the photocopy inside the envelope but I only checked it when I got home! I think I will got to a different solicitor altogether now. I have lost trust in this one.


  • #8
    dilallio
    Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭dilallio


    It might be better alright to go to another solicitor. Also ask them what should you do about the existing un-dated will which the other solicitor has.

    You need to make sure that if you decide to change your will again in the future, that this 'unsigned will', will not suddenly appear out of the woodwork with a date filled-in. This might then superceed any future wills you could make.


  • #9
    ongarboy
    Registered Users, Registered Users 2 Posts: 5,201 ✭✭✭ongarboy


    hmm, it seems very unprofessional that (assuming you and the solicitor do not already know eachother) no ID was asked for. If that was the case, I could ask my brother to pose as you and request that everything Rory owns be left to me, ongarboy - do you see what I'm getting at? This doesn't sound very secure to me at all.

    The lack of any dated or printed paper referencing this solicitor also means anyone could have written it up at any time so as you pointed out, it would be unclear as to which one superseded another one.

    There's a Legal Discussion forum in the Soc section also - I suggest you run your concern by them as you'd get a fair few legal experts/actual solicitors etc posting there that could give you legally accurate advice.


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