My Granmother is 87 and Hard of Hearing , I attended the first metting with her solicitor where she set out her requests, which her solicitor was more than happy with.
However, When it comes to the Signing part the solicitor say I cannot attend !
Is this correct ? Now if she has hearing issues then how can the solicitor speak to her alone ? I have No interest at all in what she has set out in her will as I'm NOT part of it other than Executor.
Please can you offer any reasons...... Thank You DAVE
Landlord / Tenant Lawyer
You do not want to be there. The reason that you do not want to be there is because you don't want anyone to think that you unduly influenced her to sign this will. The will is her concern, not yours, and the formalities are critically important to WA courts.
The will is none of your concern until she has passed away and the will is admitted to probate for administration. At that point, *IF* you are a beneficiary you are entitled to know what it says, but not before then, under any circumstances.
The lawyer knows that if s/he has any communication difficulties with your grandmother to get assistance, but the assistance should NOT come from a potential beneficiary. He is protecting you, in a way.
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I agree with Attorney Powell. It is all about protecting against claims of coercion and undue influence. If you are not a beneficiary, it is less likely that this would be an issue. But why leave it to chance? The lawyer should be able to communicate with your grandmother without you in the room.
Your grandmother is smart to take care of this. If she has not already done so, she should also sign durable power of attorney forms for health care and financial matters.
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Estate Planning Attorney
Your grandmother and her attorney should be able to communicate with one another, even if you are not there. Your absence may prove valuable, if there is any chance that the will cold be contested. If you are there, your presence would be a "red flag" for undue influence. You may have been at the initial meeting, but you don't need to be at the document execution. The will, and your role as executor, have nothing to do with you until your grandmother passes away and you are either appointed the administrator or you are notified as a beneficiary.
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