Why cant my adult children/carer/friend come into my Will appointment?
It is recommended that 3rd parties do not attend appointments with your solicitor when you are providing instructions for your Will and estate planning.
A Will must be made freely and voluntarily, without pressure or influence from any other person. Where an 3rd party attends the appointment, particularly a child who stands to benefit from the estate, there is a risk that it may appear the Will is being influenced or altered to accommodate that parties wishes rather than reflecting your own intentions. This perception can increase the likelihood of a challenge to the estate on the basis of undue influence.
The presence of a 3rd party may also raise concerns regarding testamentary capacity, especially if the 3rd party makes comments, offers opinions, or seeks to direct your decisions. The solicitor has a professional obligation to ensure that you are of sound mind and fully understand the decisions you are making. An 3rd parties involvement may interfere with the solicitor’s ability to properly assess your capacity.
Additionally, having an 3rd party present during discussions with your solicitor may create confidentiality and legal professional privilege issues. Communications between you and your Solicitor are private and privileged, and the presence of a 3rd party may result in that privilege being waived.
Conflicts may also arise where a child is being excluded from the Will or where the estate is being distributed unequally among children.
While adult children/carers/friends are generally excluded from such appointments, it may be appropriate in some circumstances for a spouse to attend.
Alternative options include:
Discussing your wishes with your children/carer/friend either before or after the appointment; and
Preparing a letter of explanation outlining your reasons, to be retained with your Will.
Harris Lieberman Solicitors is here to help. Contact us today about an appointment with our experienced Wills & Estates team.