Disputes over the validity of Wills and quarrels over the inheritance of estates are as old as the hills and no doubt ancient civilisations had very similar problems – though their solution was probably somewhat blunter than we are used to!
We’ve visited the topic before, but it was an eye opener recently to hear from a local undertaker who said that more funerals now seem marred by problems between family members than without.
We seem to see and hear more and more dispute situations arising out of the estates and so often, it is too late even for aggrieved parties to be able to do much about it.
Not to mention with the grief and stress of the passing of a loved one, most people will not want or be able to focus on messy legal issues at such a difficult time.
It should go without saying you really need to ensure your Will is not only written but also completed by a professional with competence and expertise (and that doesn’t have to mean a lawyer).
Too many people fall for the ‘DIY Will’ offers from online companies that may prove costly when the Will is needed. But that doesn’t mean there aren’t other pitfalls.
Recently, after an elderly father’s death, we were presented with the Will written by a local lawyer and which disinherits all the children, bar one who mysteriously reappeared on the scene relatively recently.
So the one child will inherit ‘all’ the estate, though they have said they will give the siblings some money. Professionally we would never write such a Will if asked – unless (very rarely) there was a strong accompanying letter explaining why the others had been purposefully disinherited – which is not the case.
Another recent occasion saw us come across two cases where the Wills were fine, but different local legal Will-writers had failed to register the property correctly.
So the provisions which the deceased spouses made to protect their respective families (and also to ringfence capital against the concern of care fees) could not be fulfilled as all the property passed automatically to the surviving spouse.
Writing a Will must also involve conversations about the present and what the intentions may be and then the ramifications of certain actions.
Engaging an independent person such as this Firm as an executor, even alongside a trusted family member, is also a wise move.
It helps to protect family members, especially if there are contentious relationships or if these could develop. Unfortunately, it often seems to be the case that these previously unforeseen or unexpected issues materialise following the death of a loved one.
Whatever your wishes for your estate, please ensure the instructions in the Will are clear and above board.
Is your Will watertight? If not, perhaps you should contact us without delay!
