Making a will....

tonycascarino

Just a question for someone in the know please. If someone requested you to be there in the same room with them while they finalise their will, are you allowed be present? For instance the solicitor, the person making the will, the 2 witnesses and then you at the persons request..is it legal to do so? Thanks

coylemj

There's nothing illegal about it, you can invite the whole town if you like but I'm not sure the solicitor would be too pleased - there could be suspicions of duress and/or undue influence by the visitor. It wouldn't surprise me if the solicitor refused for that reason. If the person has the mental capacity to make a will then they should do it by themselves. They can always bring a sheet of paper with their intentions outlined and the solicitor can draft the will accordingly but there would be ethical issues involved if there was any third parties (other than the witnesses) present when it's being finalised. If the will was later contested, the solicitor could be called to account for permitting someone to be present when the will was finalised and signed, it could look bad if nothing else, hence I wouldn't be surprised if the request was refused.