In a Law Society article discussing a study of more than 1,000 individuals, 67% of these people mistakenly believed that all Will Writers are solicitors, and 82% thought that training and qualifications are crucial an individual to act as a Will Writer.
Ways in which it can go wrong
If a Will is incorrectly drawn up it may possibly have a disastrous effect upon the people an individual leave behind.
I recall a recent instance where a husband and wife wished to leave their respective shares from the family residence to their two children to try and protect a share of the residence from care expenses should the survivor having to enter a home.
They had discussed the situation together with their two kids, and there was an understanding that the children would not force the living relative out of the property, knowning that the surviving parent could remain in the home for the rest of their time alive, or simply until they asked for long-term care.
The husband and wife had 2 children from their substantial marriage, and the husband had a child from the past partnership who he hadn’t seen since the kid was born.
The husband and wife instructed a Will writing business to prepare Wills and also to divide the possession of their house so that they each owned a half share which could pass under the conditions of their Wills.
The Will Writing company drew up the Wills mentioning the beneficiaries as a class ” my children, rather than separately naming the kids despite being aware that the couple would not desire the estranged child to experience some benefits.
The Will writing company also neglected to recommend the clients to take into consideration safeguarding their interest in the home until each of them had died.
Sadly, the husband passed away first, and as the gift of his share from the house passed to his children, this included the estranged child. The estranged child must have been thrilled to understand that he gained from his late fathers estate, and promptly commenced a legal challenge to have the house sold to ensure that his share could be released.
To complicate matters, their son and daughter-in-law were presently dealing with a divorce and the daughter-in-law attempted to make a claim against the share from the house that had passed to their son.
The result of the poorly drawn up Wills in conjunction with the lack of expertise and knowledge resulted in 2 costly legal battles, both of which could have been avoided.
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