Solicitor agreed to write up Wills and POAs - waiting, months later

Discussion in 'Wills & Estate Planning' started by KayTea, 17th Sep, 2017.

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  1. KayTea

    KayTea Well-Known Member

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    I think I know what I need to do here, but hoping for some impartial input. I visited a solicitor (who advertises that he does Wills/POAs, etc) back in April. I gave him all the details at that point, and he said it was a pretty straight forward request/write up, and shouldn't take too long. After a number of unreturned emails and phone calls, I still have nothing (thankfully, I haven't paid anything yet, either).

    He was great when overseeing our SMSF property purchase, so we decided to use him again for this. However, he seems to have totally dropped us. That's ok, but at least let me know you won't do the job, rather than just leaving us hanging.

    Do I just find someone else, contact his superior, or go in to see him in person (in case he's got a very valid reason for not getting in contact)?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Have you tried calling him?
     
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  3. therealAusting

    therealAusting Well-Known Member

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    You KNOW the answer.
     
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Just tell him to stop and that you are going to someone else.
    If you died he could be liable to beneficiaries who missed out.
     
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  5. dabbler

    dabbler Well-Known Member

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    I asked a company to do a contract for me and also if they would do some of this kind of work, they said yes too both, I only chased on the contract because I had too, I would just go elsewhere but let them know first.
     
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  6. Trainee

    Trainee Well-Known Member

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    Doesnt matter what his reasons are. Your not getting the service you want. Tell themand go somewhere else.
     
  7. Marg4000

    Marg4000 Well-Known Member

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    Contact the solicitor and instruct him to cease as you are going elsewhere.

    We had wills and POAs drawn up by our local solicitor. Met to discuss our wishes, phoned when documents ready to be signed. Went back around 10-14 days after first meeting and signed documents.

    Can see no reason to wait more that two weeks for documents to be prepared.
    Marg
     
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  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    No amendments?

    I usually do about 3 amendments. Back and forth on 3 drafts because clients can't know all the options available until they see it on paper and they then start thinking about the what ifs.
     
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  9. icic

    icic Well-Known Member

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    Hey guys, what's the best way to distribute realestate assets in a will? I have two kids and a wife. If I am no longer around. I want the kids have my portion but my wife would be taking care of all the investment affairs. not sure now this would work.
     
  10. qak

    qak Well-Known Member

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    Are they (or is it) in your name; held as joint tenants; or tenants in common?
    Do you live in it?
    Is there debt?
    If debt, how is that to be paid out?
    Do you want the wife/kids to live in it?

    Get advice from a solicitor, have a will & keep it updated.
     
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  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    This is like asking whats the best food.

    It depends.

    From what you have said consider a testamentary discretionary trust - potentially with your wife an excluded beneficiary.
     
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  12. Bonz

    Bonz Well-Known Member

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    Not well. You seemingly love the wife enough to get her to do the work, but pass the reward onto the kids. It could make life interesting post your death:)
     
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  13. KayTea

    KayTea Well-Known Member

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    Well, after giving him another chance, he's done nothing but continue to disappoint, so I'm giving him the flick.

    Can anyone recommend a reliable solicitor (preferably south side of Brisbane) to draw up these documents for us? They are pretty straight forward (I think) - I just need the 'legalese' part taken care of.
     
  14. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Certus...Brisbane. Daryl Richards
     
  15. sanj

    sanj Well-Known Member Premium Member

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    How did any lawyer get willS (I assume for multiple people judging by the yse of wills vs will) and POAs done exactly to all your requirements simply from 1 meeting and with no follow up queries and no drafts that had to be amended etc?

    Hope it's truly what you wanted and not an off the shelf version with some amendments made here and there
     
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  16. sanj

    sanj Well-Known Member Premium Member

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    @Terry_w is not in Brisbane but would be a great option imo
     
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  17. KayTea

    KayTea Well-Known Member

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    It took him many months to get us a draft - and I had to call and email him a number of times before we got them. I then emailed him the required changes back in early October, and have emailed/phoned a couple of times since (including twice within the past week) - still nothing.

    We really wanted them sorted out before the end of this week - clearly, that isn't going to happen now. But I'd really like it sorted out within the next month (or so).
     
  18. KayTea

    KayTea Well-Known Member

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    Thanks @Paul@PFI - I'll see if I can get in touch with him today (is he a PC member that I can get in touch with via PM here, or do I need to do the old-fashioned 'look up a phone number in the White Pages' option......)?
     
  19. Scott No Mates

    Scott No Mates Well-Known Member

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    @RPI
     
  20. Marg4000

    Marg4000 Well-Known Member

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    Yes, we (hubby and I) got exactly what we wanted.
    Marg