WILLS_01 — Making a New Will
SOLICITOR INSTRUCTIONS
(Read time: 10 minutes)
Email from Supervising Partner
From: Patricia Hartley – Partner, Private Client Department
Sent: Today’s date
To: Candidate
Subject: Michael Thornton – New Will
Michael Thornton is an existing client of the firm. He telephoned the office this morning and
asked to make an appointment to discuss making a new will. He is 72 years old and a retired
headteacher.
Michael has been married to his wife, Janet, for 45 years. They have two adult children:
David (44) and Sarah (41). David has two children, Emily (12) and James (9). Sarah has no
children.
Michael told me on the telephone that he has been thinking about his affairs for some time
following a recent health scare. He said something about wanting to “make sure everything
is sorted out properly.” He also mentioned wanting to leave something to a local charity, the
Thornton Vale Community Trust, and said he would like to discuss who should be his
executors.
Michael’s estate is substantial. The family home at 28 Rosewood Lane, Thornton Vale, is
worth approximately £850,000 and is owned jointly with Janet. He has savings and
investments totalling around £420,000 in his sole name, a pension fund worth approximately
£180,000, and personal effects including a classic car collection valued at around £75,000.
I recall from the file that Michael previously made a will about 15 years ago leaving
everything to Janet. That will appointed Janet and his brother Roger as executors. Michael
mentioned that Roger passed away last year.
Please see Michael today. I will be referring to your attendance note/legal analysis to write a
letter of advice, so please make sure it covers all the advice we need to give in relation to
the above, as well as any other issues the client may raise. As always, your attendance note
should address all usual matters: the facts, initial legal analysis, advice to client, next steps,
and of course any professional conduct issues that arise.
One more thing – Michael’s estate is clearly going to exceed the nil-rate band, so please
make sure you deal with inheritance tax planning in your advice.
Thanks,
Patricia Hartley
KEY ISSUES TO IDENTIFY IN PREPARATION
• Revocation of existing will and need for new will
,• Testamentary capacity – recent health scare, age 72
• IHT planning – estate exceeds nil-rate band (£325,000); consider transferable nil-rate
band, residence nil-rate band, spouse exemption, charitable legacy (10% reduced
rate at 36%)
• Joint tenancy on family home – passes by survivorship outside the will
• Executor appointment – Roger deceased; who replaces? Potential conduct issue if
client asks solicitor to act as executor (own interest conflict)
• Charitable gift – specific or residuary legacy to Thornton Vale Community Trust
• Grandchildren – contingent gifts? Trusts for minors?
• Pension fund – usually outside the estate; nomination form
,WILLS_01 — Making a New Will
FULL INTERVIEW SCRIPT (25 minutes)
Pure dialogue format. CLIENT = Michael Thornton (72, retired headteacher). SOLICITOR =
Candidate.
─── GREETING (approx. 1–2 minutes) ───
SOLICITOR: Good morning, Mr Thornton. My name is [Your Name], I’m a solicitor here in
the Private Client department. It’s very nice to meet you. Please, do come through and take
a seat.
CLIENT: Thank you very much. Lovely office you have here.
SOLICITOR: That’s very kind of you to say. I hope you had a pleasant journey in today?
CLIENT: Yes, not too bad at all, thank you. The traffic was kind for once.
SOLICITOR: I’m glad to hear it.
─── OPENING (approx. 2–3 minutes) ───
SOLICITOR: Now, Mr Thornton, I understand from Patricia Hartley’s note that you’ve come
to see us today because you’d like to discuss making a new will. Is that right?
CLIENT: Yes, that’s right. I’ve been meaning to do it for a while now, and after a bit of a
health scare recently I thought it was time I got things in order.
SOLICITOR: I’m sorry to hear about the health scare, and I hope you’re feeling better now.
It’s very sensible of you to want to get your affairs in order. Before we get into the detail, let
me just explain how this meeting will work today. I expect it will take around 25 minutes.
First, I’ll invite you to tell me in your own words what you’re looking to achieve. Then I’ll ask
some follow-up questions to make sure I have a full picture. After that, I’ll give you some
initial advice on the legal position and talk you through your options. Finally, we’ll agree on
the next steps. Does that sound alright?
CLIENT: Yes, that’s fine.
May I ask if you have your passport and drivers licence with you?
SOLICITOR: I should also just confirm that Patricia has already discussed our costs with
you. Our charges for preparing a will are based on an hourly rate of £250 plus VAT, and the
cost of today’s meeting is included within that. You’ll receive a client care letter setting out
the full costs breakdown and our complaints procedure after today. Are you happy to
proceed on that basis?
CLIENT: Yes, that’s absolutely fine.
SOLICITOR: Thank you. And just to reassure you, everything you tell me today is entirely
confidential. So, in your own words, could you tell me what’s prompted you to look at making
a new will and what you’d like to achieve?
, ─── LISTENING (approx. 4–5 minutes) ───
CLIENT: Well, as I mentioned, I had a health scare a few months ago – chest pains, ended
up in hospital for a couple of days. They did some tests and it turned out to be nothing too
serious in the end, angina they said, but it gave me quite a fright. Made me realise I need to
get my house in order, so to speak.
CLIENT: I made a will years ago, must be about 15 years now, and it just left everything to
Janet, my wife. That was fine at the time, but things have changed. My brother Roger, who
I’d named as one of the executors alongside Janet, passed away last year. So I need to sort
that out.
CLIENT: And I’ve been thinking – I’d like to do something for the grandchildren. Emily and
James, David’s two. They’re 12 and 9. I’d like to make sure there’s something set aside for
them. And I’ve always supported the Thornton Vale Community Trust – it’s a local charity
that does wonderful work – and I’d like to leave them something too.
CLIENT: Oh, and there’s the question of who’s going to be executor now that Roger’s gone.
Janet is getting on a bit herself – she’s 70 – and I’m not sure it’s fair to leave it all on her
shoulders. David and Sarah are both sensible, but I’m not sure about putting them together –
they don’t always see eye to eye. I was actually wondering whether I should ask you – well,
the firm – to be executor instead. Would that be something you could do?
SOLICITOR: Thank you, Mr Thornton. That’s very helpful. I’ll come back to the executor
question shortly, but let me first ask you a few questions to make sure I have the full picture.
─── FILL IN DETAIL (approx. 5–7 minutes) ───
SOLICITOR: Could you tell me a little more about your family? You’ve mentioned Janet,
David and Sarah, and the grandchildren. Is there anyone else I should know about?
CLIENT: No, that’s the lot. Janet and I have been married 45 years. David is 44, he’s a
project manager, married to Lisa. They’re the ones with the two children. Sarah is 41, she’s
a teacher. She’s not married and has no children.
SOLICITOR: Thank you. And can I ask about your health? You mentioned the angina
diagnosis – are you currently receiving treatment for that, and how are you feeling day to
day?
CLIENT: Yes, they’ve put me on some tablets. I’m feeling much better now. The doctor says
it’s well managed.
SOLICITOR: I’m pleased to hear that. Now, turning to your assets. I understand from
Patricia’s note that the family home is at 28 Rosewood Lane and is worth around £850,000.
Can you confirm how the property is owned – is it in joint names with Janet?
CLIENT: Yes, it’s in both our names. We bought it together years ago.
SOLICITOR: Do you happen to know whether you own it as joint tenants or tenants in
common? Sometimes people aren’t sure, but it makes a difference to what happens when
one of you passes away.
SOLICITOR INSTRUCTIONS
(Read time: 10 minutes)
Email from Supervising Partner
From: Patricia Hartley – Partner, Private Client Department
Sent: Today’s date
To: Candidate
Subject: Michael Thornton – New Will
Michael Thornton is an existing client of the firm. He telephoned the office this morning and
asked to make an appointment to discuss making a new will. He is 72 years old and a retired
headteacher.
Michael has been married to his wife, Janet, for 45 years. They have two adult children:
David (44) and Sarah (41). David has two children, Emily (12) and James (9). Sarah has no
children.
Michael told me on the telephone that he has been thinking about his affairs for some time
following a recent health scare. He said something about wanting to “make sure everything
is sorted out properly.” He also mentioned wanting to leave something to a local charity, the
Thornton Vale Community Trust, and said he would like to discuss who should be his
executors.
Michael’s estate is substantial. The family home at 28 Rosewood Lane, Thornton Vale, is
worth approximately £850,000 and is owned jointly with Janet. He has savings and
investments totalling around £420,000 in his sole name, a pension fund worth approximately
£180,000, and personal effects including a classic car collection valued at around £75,000.
I recall from the file that Michael previously made a will about 15 years ago leaving
everything to Janet. That will appointed Janet and his brother Roger as executors. Michael
mentioned that Roger passed away last year.
Please see Michael today. I will be referring to your attendance note/legal analysis to write a
letter of advice, so please make sure it covers all the advice we need to give in relation to
the above, as well as any other issues the client may raise. As always, your attendance note
should address all usual matters: the facts, initial legal analysis, advice to client, next steps,
and of course any professional conduct issues that arise.
One more thing – Michael’s estate is clearly going to exceed the nil-rate band, so please
make sure you deal with inheritance tax planning in your advice.
Thanks,
Patricia Hartley
KEY ISSUES TO IDENTIFY IN PREPARATION
• Revocation of existing will and need for new will
,• Testamentary capacity – recent health scare, age 72
• IHT planning – estate exceeds nil-rate band (£325,000); consider transferable nil-rate
band, residence nil-rate band, spouse exemption, charitable legacy (10% reduced
rate at 36%)
• Joint tenancy on family home – passes by survivorship outside the will
• Executor appointment – Roger deceased; who replaces? Potential conduct issue if
client asks solicitor to act as executor (own interest conflict)
• Charitable gift – specific or residuary legacy to Thornton Vale Community Trust
• Grandchildren – contingent gifts? Trusts for minors?
• Pension fund – usually outside the estate; nomination form
,WILLS_01 — Making a New Will
FULL INTERVIEW SCRIPT (25 minutes)
Pure dialogue format. CLIENT = Michael Thornton (72, retired headteacher). SOLICITOR =
Candidate.
─── GREETING (approx. 1–2 minutes) ───
SOLICITOR: Good morning, Mr Thornton. My name is [Your Name], I’m a solicitor here in
the Private Client department. It’s very nice to meet you. Please, do come through and take
a seat.
CLIENT: Thank you very much. Lovely office you have here.
SOLICITOR: That’s very kind of you to say. I hope you had a pleasant journey in today?
CLIENT: Yes, not too bad at all, thank you. The traffic was kind for once.
SOLICITOR: I’m glad to hear it.
─── OPENING (approx. 2–3 minutes) ───
SOLICITOR: Now, Mr Thornton, I understand from Patricia Hartley’s note that you’ve come
to see us today because you’d like to discuss making a new will. Is that right?
CLIENT: Yes, that’s right. I’ve been meaning to do it for a while now, and after a bit of a
health scare recently I thought it was time I got things in order.
SOLICITOR: I’m sorry to hear about the health scare, and I hope you’re feeling better now.
It’s very sensible of you to want to get your affairs in order. Before we get into the detail, let
me just explain how this meeting will work today. I expect it will take around 25 minutes.
First, I’ll invite you to tell me in your own words what you’re looking to achieve. Then I’ll ask
some follow-up questions to make sure I have a full picture. After that, I’ll give you some
initial advice on the legal position and talk you through your options. Finally, we’ll agree on
the next steps. Does that sound alright?
CLIENT: Yes, that’s fine.
May I ask if you have your passport and drivers licence with you?
SOLICITOR: I should also just confirm that Patricia has already discussed our costs with
you. Our charges for preparing a will are based on an hourly rate of £250 plus VAT, and the
cost of today’s meeting is included within that. You’ll receive a client care letter setting out
the full costs breakdown and our complaints procedure after today. Are you happy to
proceed on that basis?
CLIENT: Yes, that’s absolutely fine.
SOLICITOR: Thank you. And just to reassure you, everything you tell me today is entirely
confidential. So, in your own words, could you tell me what’s prompted you to look at making
a new will and what you’d like to achieve?
, ─── LISTENING (approx. 4–5 minutes) ───
CLIENT: Well, as I mentioned, I had a health scare a few months ago – chest pains, ended
up in hospital for a couple of days. They did some tests and it turned out to be nothing too
serious in the end, angina they said, but it gave me quite a fright. Made me realise I need to
get my house in order, so to speak.
CLIENT: I made a will years ago, must be about 15 years now, and it just left everything to
Janet, my wife. That was fine at the time, but things have changed. My brother Roger, who
I’d named as one of the executors alongside Janet, passed away last year. So I need to sort
that out.
CLIENT: And I’ve been thinking – I’d like to do something for the grandchildren. Emily and
James, David’s two. They’re 12 and 9. I’d like to make sure there’s something set aside for
them. And I’ve always supported the Thornton Vale Community Trust – it’s a local charity
that does wonderful work – and I’d like to leave them something too.
CLIENT: Oh, and there’s the question of who’s going to be executor now that Roger’s gone.
Janet is getting on a bit herself – she’s 70 – and I’m not sure it’s fair to leave it all on her
shoulders. David and Sarah are both sensible, but I’m not sure about putting them together –
they don’t always see eye to eye. I was actually wondering whether I should ask you – well,
the firm – to be executor instead. Would that be something you could do?
SOLICITOR: Thank you, Mr Thornton. That’s very helpful. I’ll come back to the executor
question shortly, but let me first ask you a few questions to make sure I have the full picture.
─── FILL IN DETAIL (approx. 5–7 minutes) ───
SOLICITOR: Could you tell me a little more about your family? You’ve mentioned Janet,
David and Sarah, and the grandchildren. Is there anyone else I should know about?
CLIENT: No, that’s the lot. Janet and I have been married 45 years. David is 44, he’s a
project manager, married to Lisa. They’re the ones with the two children. Sarah is 41, she’s
a teacher. She’s not married and has no children.
SOLICITOR: Thank you. And can I ask about your health? You mentioned the angina
diagnosis – are you currently receiving treatment for that, and how are you feeling day to
day?
CLIENT: Yes, they’ve put me on some tablets. I’m feeling much better now. The doctor says
it’s well managed.
SOLICITOR: I’m pleased to hear that. Now, turning to your assets. I understand from
Patricia’s note that the family home is at 28 Rosewood Lane and is worth around £850,000.
Can you confirm how the property is owned – is it in joint names with Janet?
CLIENT: Yes, it’s in both our names. We bought it together years ago.
SOLICITOR: Do you happen to know whether you own it as joint tenants or tenants in
common? Sometimes people aren’t sure, but it makes a difference to what happens when
one of you passes away.
