Can your Father ask a solicitor to make a Will for you without your consent?

Max Mafioso

Not sure if this is the right place but I am just looking for some advice.

My sisters father in law has been advising his son that he should update his will and to put down his brother and sister in law as the guardians to their 2 kids(12 & 4) if something where to happen to them since they are married and have 2 kids(Younger than my sisters kids). My sister and BIL have already made myself and a family friend guardian and have advised the FIL that there was no need as the kids have a guardian and also they dont know their aunt & uncle and their kids because they have never come to visit or invited them over to visit. My Nephews have only seen their cousins by chance as they were leaving their grandparents when we were visiting. It feels like they plan their visit around when my sister & husband go to visit the grandparents so as to not bump into them, any gifts for xmas is always left with grandparents to pass on to them. So there has been very little interaction between the kids and the aunt & uncle, why would she want to leave her kids with someone who doesnt know them?

So anyway, today my sister and her husband have learnt that her FIL has had his solicitor do up a Will for her husband, stating the kids would go to their aunt and uncle. She obviously wasnt happy about this and told her FIL that they already had a will made out and he should have consulted with them first, his reply was to ask who was going to pay his solicitor.

I was just wondering, is this legal? Can the father ask a Solicitor to make a will for his son without the son's his permission/consent and what about the Will they have with their own solicitor?

Atlantic Dawn

Can't be done, FIL is waffling.

Charles Babbage

It has no status, it is only a proposal until you sign it. Indeed, misrepresenting it as your will is probably illegal and the solicitor shouldn't have spent any time on it without talking to the actual person involved.

As for the payment, you did not ask for this so why should you pay for it?

Jim_Hodge

He can have whatever he likes drawn up but it's just a piece of paper until properly signed and witnessed. As for who pays his solicitor, he engaged him off his own bat so he can pay him. I'm flabbergasted that someone would do something like this.

Max Mafioso

Thank you all for the reply.

It's much appreciated

893bet

Off topic but Does appointing a guardian via a will have legal standing?

circadian

https://www.boards.ie/discussion/comment/121247249#Comment_121247249

Amazingly enough this is something I'd expect my FIL to do, especially asking who's paying his solicitor.

Oscar_Madison

Astounding - like the kids are being treated as property -didn’t think such people existed today- they were probably rare enough 20 years ago

Panthro

Your sister and her fella need to tell this FIL to back the eff off first n foremost.

He engaged the solicitor out of his pocket it comes.

The absolute cheek of him.

Jim_Hodge

https://www.boards.ie/discussion/comment/121247360#Comment_121247360

Yes, it's a testamentary guardianship. They have to be willing to act in the role, of course.

Peregrinus

I'm very surprised the solicitor accepted the instructions. (Although of course it's possible that he didn't — he may have told the FIL that he'd be delighted to draw up the will, once the testator confirms the instructions. FIL could be overstating how far this has progressed in an attempt to ram things through.)

As for who pays the solicitor for any work he may have done or any time he may have spent on this, that's a no-brainer — the guy who instructed him pays him.

Mellor

https://www.boards.ie/discussion/comment/121247219#Comment_121247219

Of course it can be done. A solicitor (or anybody), can draft any legal document you like. Unsigned, its a piece of paper. As above, a solicitor doing his due diligence may look for direct instruction. But that's neither here nor there.

The solicitor has done this and now needs to be paid. Father was being coercive imo, I don't think he is waffling.

https://www.boards.ie/discussion/2058318454/can-your-father-ask-a-solicitor-to-make-a-will-for-you-without-your-consent

I would take the will from him and tear it up in his face. And I mean that quite literally, tear in in half a few times, and calmly hand it back to him. As for who is paying his solicitor. Ask him who normally pays his solicitor, I assume he knows who.

Yeah Right

The fcuk is wrong with some people.

I'd show up at his house with a will for when he and his wife die, saying they're leaving all their worldly possessions to your sister's kid. Tell him you had it made up just in case anything happens. Hand it to him and tell him tough sh1t, her kid is now their sole heir. Don't forget the solicitor's bill while you're at it.

TooTired123

Your sister and her husband need to not engage any more with this man right now at this moment in time, at all.

I understand that culturally (possibly) this may be very tricky but (there doesn’t need to be a row) but it’s just a question of being too busy to speak to him, really, while all the while being respectful as to not make the situation any worse (even though he is not being respectful in return).

Please be assured that the FIL can make no legal arrangements for the welfare of his grandchildren on the occasion of the death of their parents. He is trying to bully and control his family and non engagement is the only sensible route to take. It need not be permanent. Just until he drops this current campaign of harassment.

SharkMX

Id be worried there is some kind of plan to bump me off if my FIL did this :)

You have your own will. Tell him its all taken care of and for him not to go spending any more of his money on a will you dont need.

Maybe ask him if you buy a boat for him that he doesnt need or want, would he expect to pay for it himself.

Peregrinus

Maybe just ask him, if he's in a mood to buy things for you, to buy you a boat.

Jim2007

https://www.boards.ie/discussion/2058318454/can-your-father-ask-a-solicitor-to-make-a-will-for-you-without-your-consent

The father in law can ask his solicitor to draft up what ever legal documents he likes, but at best all they are are interesting suggestions unless the son actual signs them, only then do they have legal status. As for who pays the solicitor - easy, the nut job that instructed the solicitor.

Seth Brundle

https://www.boards.ie/discussion/comment/121261683#Comment_121261683

https://www.boards.ie/discussion/comment/121261709#Comment_121261709

Was it just that great minds think alike but where did the boat reference come from within 10 minutes of each other?

Peregrinus

https://www.boards.ie/discussion/comment/121262086#Comment_121262086

The second was inspired by the first.

SharkMX

https://www.boards.ie/discussion/comment/121262086#Comment_121262086

The first was inspired by whats going on outside the window

Max Mafioso

They already own a boat 🤣 but thanks everyone for the advice, it's put my sister at ease

spaceHopper

I'd tell the Father in Law to take it up with the solicitor it's his bill. Why did any solicitor take this one, they should know it's crossing boundaries.

Calvin001

Your all assuming the FIL is working off his own bat here, and there is no chance the BIL doesn't like the current arrangement and is trying to change it - in cohoots with FIL to do so....

Also, no mention of any reasons why all this is important (and heres hoping everyone is well), but its a lot of nothing if everyone lives till the kids are over 18 and can descide for themselves. Small village nonsence of parents trying to interfere when they should stay well out of it.

I'd suggest you advise the sister to have a meet up (between the sis, her hubby and FIL) and clear the air, then everyone can move on. Life is too short for family issues