Establishment of assets on death

Just being going this over the past couple of years. Torture having to trawl through 50~60 yrs worth of paperwork, chaotically filled and organized, not helped by a unwillingness of parents and siblings to de-clutter. We were still uncovering accounts a year or two later after the solicitor started contacting banks. Previous generations seemed to have go into the habit of having lots of different accounts scattered far and wide.

I've had mostly poor experience with solicitors. But this time I had no complaints about the solicitor we used. I think the fee was fair for the work done. But we did haggle and horse trade over the fee before starting out.
 
1. The Perception: solicitors do wills at little or no cost because they expect to make money when you die. The Reality: This may have been true in the past - particularly when law firms tended to pass as multi-generational family businesses. I have been making wills for 25+ years and hardly anybody has died on me. My probate practice is almost entirely from wills made by solicitors long gone, and there was no 'crock of gold' for them in their will safe -because solicitors practices do not command a big price (unlike, say ,accountancy practices which have steady recurring revenue).
I and most solicitors continue to prepare wills at a financial loss, because there is a public perception that a will should cost very little and it is very hard to either refuse the work or to charge properly for it without giving offence. I have friends in the UK, married with no children, who have paid £900 for a pair of wills. My normal charge varies from zero to €200 including VAT.

2. The Perception: solicitors like making money on search fees. The Reality: When a solicitor is trying to locate a missing will, he\she will write to maybe 20 firms. 19 out of 20 will conduct a search and then reply "no will here". 1 out of 20 will reply "yes we have a will; Here is our invoice for €100+VAT search and retrieval". If anybody thinks that getting a search fee for one in every twenty searches is a profitable business model, I have a bridge I can sell you.

3. The Perception ; Solicitors love disputes about wills. The Reality: We like some disputes - but they are rare. Mostly, they are more trouble than they are worth. We hate it when the drafting of the will is questioned. We hate it when it is suggested that we didn't take proper instruction from the deceased. All in all, estate disputes are fraught with professional risk. What we really actually like: nice straightforward probate files, where the deceased's affairs are in order, where there is plenty of cash and ideally just one or two beneficiaries (if there are ten beneficiaries of the residue, you can be nearly guaranteed that one of them will complain about your fees or your service; with just one or two, you can make sure everyone is happy and shake hands on your fee)

4. The Perception An obligatory register of wills would solve a lot of problems in a cost effective manner. The Reality: Most wills are safely stored and in due course safely processed. For the one in 100 wills (at a guess) that would benefit from a compulsory register, there are 99 wills that have just had a needless registration cost imposed. Even at €60 per registration, most people will change wills three, four, five times in their life -so call it €250 per estate. That's maybe €250 x 99 = €25,000 in admin cost added to the system to safeguard the 1 will in 100 that goes astray. Unless of course you think that a solicitor should do this for free (but even then there will be some sort of registration fees payable). The second issue is that some people, often for good reason, do not want it to be known that they have made a will. Compulsory registration will create an obstacle for such clients.

The legal profession has debated this issue a number of times. There is no consensus and no clearly right answer. The availability of a public wills register is probably a good idea. The notion that it should be compulsory is probably not. The idea that the legal profession have created the current system out of cynical self interest is, however, nonsense.


Generally speaking and not referring to the author above I believe the real reason Solicitors want the status quo I.e. no wills register is because traditionally they held the original will and they will therefore be hired to extract the grant of probate when they contact the beneficaries seeking instructions or the relatives contact them to see the will. It's quite obvious. A wills register could make a once - off charge to register a will.

I wish to make my own will to which I am perfectly capable of doing in full knowledge of the legal requirements. It would benefit me greatly to lodge the will with a public registry as then my relatives would 1. Know where my last will was located and 2. Could not try to destroy my last will so as a more beneficial intestacy scenario arose or a more beneficial previous will was reincarnated. 3. No risk of my will being lost: a solicitor's practice is after all merely a private business. The business may close on death or incapacity of its principal. Next of kin must then try to locate the files by contacting the Law Society and there is always the risk of their loss or accidental destruction.
Dont tell me there isn't a problem with the present system, just look at the huge amount of ads in the Law Society Gazette looking for wills and needless searches for same.

Incidentally , why can one not register a will in the Registry of Deeds. It was after all once referred to as the Register for registering "deeds wills and so forth."
 
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Previous generations seemed to have go into the habit of having lots of different accounts scattered far and wide.

I'd imagine a lot of that came from the fact that you could only earn a certain amount of interest before the details were returned to revenue from each account, when I started working in banking first around late 70s so I can't remember exact details but we used to regularly organise opening accounts in other branches for customers and would hold the books then for them, there could be half dozen books per customer. Again I don't remember what the exact rule was, it must have been an amalgamation of accounts per branch for interest purposes so having it other places didn't count for that branch return.

Anyway I'd imagine that was one of the reasons any savings were spread around so much plus then in later years 80/90s there were very competitive interest rates, I know myself I had accounts in practical every high street bank at that time and you'd be switching around on maturity for a better deal. That has totally changed now as there is no good return to be made and at this stage I only use 3 different institutions.
 
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