The particularly rigorous formalism of the Act is the first critical security and validity of the Act of a lawyer. Counsel must be particularly attentive to the respect of formal rules both in the unwound operations than in the physical formalism of the Act.
In the conducted operations, the solicitor must, in particular, be attentive regarding reading and the delivery of the and checks him falling and the subsequent formalities. Regarding the material formalism of the Act, it is in particular dating, handwritten notes and mandatory, the signatures provide integrity, etc.).
Beyond compliance with ethical and professional rules related to the drafting of all wills Act and at the same time like will writing UK, a formalism that is specific to the Act of a lawyer as the affixing of the seal or some references and practices facilitate archiving, and the conservation will contribute to a better identification and recognition of the lawyer Act.
Reading the Will Writing Act
The signature of the lawyer, as one of the parties, can be conceived only after reading the Act and especially the mentions that, in an act under private signature, should be handwritten.
This requirement is not obsolete. Although the Act projects are reportedly given to the parties before the signing: experience shows that the final proofreading is often an opportunity of supplements and amendments. These are not always retail, but especially the signature of a legal act is not a mere formality and solemnity made to the name can only contribute to the respect for what must represent the purchase of a legal commitment.
The reading of the Act before its signing will be so useful both, in the sense that she realised the information obligation of counsel on the legal consequences of the commitments entered into, and rewarding because allowing to understand the substance of the legal service. The signing of an act should not be reduced to its only formal dimension but rather “solemnified”: the explanation of the sensitive clauses must be an opportunity for the lawyer or lawyers to explain the appropriateness of the selected provisions from the context of the operation and to the purpose pursued by the parties.
It will be good practice to make mention of this reading in the Act itself.
The sealing of the Last Will and Testament
This practice will help to better identify the Act of lawyer about others; However, it is not possible to make it a requirement, and it was only by the use and while the effect expected will be obtained.
Presentation and material formalism of the Wills Act
All precautions should be taken so that the Act is “neat” presentation and that the additions, erasures, references are appropriately approved by the parties; an inviolable binding may be considered to avoid the signature of each page.
Signatures at the bottom of pages of the Legal Will
Each page must be initialed, except using a process of inviolable binding of the Act. The possibilities currently offered processors and the photocopies make it vital to a clear identification of the document signed by the parties.
On the other hand, it would be not inconceivable that one original be established and that copy to be issued under the conditions that the Act itself could provide.
It is true that the signature material of certain acts in as many copies as parties signatories can become a tedious exercise that could adversely affect the understanding of what represents a signature.
The convention must then understand the own terms the number of copies and the conditions in which copies will be delivered.
Signatures ensure the integrity of the Legal Will
Each reference, temperature, or overload must be initialed: the integrity of the text is the price and avoid any ambiguity that could become a subject of dispute.
Dating of the Will
In the simple contractual technique, it is entirely accepted that the Act carries several dates, i.e. that it be signed at different times even while the parties were not present at the same time. This possibility can be conceived for an act of attorney under the condition that the countersignature of the lawyer remains well placed as the signature of the Contracting Party whose counsel is the Council.
Archiving, preservation and Will Storage
To facilitate archiving and conservation of acts of counsel, it will be useful to index the action upon signature by the criteria that constitute its date, the name of each of the parties, the purpose of the contract, the location of the assets possibly the subject of the convention. The summaries and keywords should be chosen on a case-by-case this for indexing to facilitate subsequent searches.
A copy party for the Will
It is quite clear that by the General principles, each signatory party must receive a copy by art. 1325 CC, observation being made that these provisions are that supplement intention and that it is possible to derogate (CIV. 3rd, March 5, 1980, Bull Civ III, no. 52), by agreeing that the original would be owned by another person, the editor often dependent for him to deliver copy in accordance with the contract.
The convention of the parties on the signature of the lawyer, charging the latter of conservation of the Act, should logically derogate from art. 1325 of the civil code; the physical operations of signatures would be so simplified, and parts guaranteed permanent access to the convention they signed. This practice will naturally enough in place when the profession will have organised centralized conservation, under the aegis of the National Council of bars, probably electronic, defining in a notebook loads the terms practices of this conservation, the access rights of the lawyers and especially the conditions in which the latter may issue copies. The Act of lawyer will be so retained on behalf of the lawyer or lawyers who countersigned.
In anticipation of this development, it is necessary that each lawyer itself ensures the conservation of the Act. In this perspective, it is better to maintain the principle of art. 1325 of the civil code providing for, except for special circumstances, one copy for each Contracting Party and a copy by a lawyer who countersigned. If a lawyer has countersigned, he should not have the power to dispose of the original, which is an additional reason to foresee an original Contracting Party.
However, it will be useful to predict right now that the lawyer will be able to transfer its mission of conservation through cooperative conservation. As such this will be implemented by profession, and to this end may be given, under the control of the parties, then the transfer of the original in his possession to the body designated by the profession and the conditions and standards that it will be implemented.
Compulsory particulars and handwritten references for all Legal Wills
Handwritten references are needed
To cut short any difficulties of interpretation or application of the handwritten mention waiver authorised by the Act of counsel (art. 63-3-3 of the Act), and in the spirit of this exemption. The Act could then resume content and terms required for the mention manuscript itself, the information given by the lawyer on the content of these terms into the Act a substitute for the requirement of the handwritten form of these. This precaution would avoid any risk of later addition to the signing of the Act of mention that attempted to fraudulently engage a party to the payment of any amount of money.
Compulsory particulars for Will Writing
When one or more lawyers are considering to countersign the Act, one the latter make expressly mention. It would be desirable as such that the title ‘Act of lawyer’ is at the top of the appearance of the contractors and that special mention is the late act under explicit wording.
Will Writing & Audits by the lawyer and subsequent formalities
The assistance of counsel in the drafting of the Act of lawyer does not its ethical obligations to his quality of editor to act as described in the preparation of Act provisions of the NIR and especially the verification of the legality of the Act in question. It is the determination of the beneficial owner of the operation, following the provisions of the monetary and financial code relating to the fight against money laundering.
It is evident that as part of its mission, the lawyer must make the necessary checks the validity of the Act, particularly concerning identity, capacity and powers of the contracting parties or their representatives.
The lawyer who countersigns to proceed, except express waiver by the parties concerned, with the subsequent formalities is finally responsible for this this last will and testament that has been written in the United Kingdom.