Not All Professional Will Writers Are Solicitors. Beware of the Potential Hassle You May Struggle with when Your Will Is Not Drafted Correctly
March 11th, 2010In a Law Society piece referring to a survey of around 1,000 individuals, 67% of them mistakenly believed that all Will Writers are solicitors, and 82% assumed that education and qualifications are crucial an individual to act as a Will Writer.
The way it might go wrong
If your Will is wrongly written it can have a devastating consequence on the people an individual leave behind.
I recall a recent situation in which a couple wished to leave their respective shares in the family residence to their two kids to try and protect a share of the residence from care fees in the event of the survivor needing to go into a home.
They’d discussed the circumstances together with their 2 children, and there seemed to be an awareness that the children would not pressure the living parent from the property, knowning that the surviving parent could remain in the property for the rest of their life time, or maybe until finally they needed long-term care.
The husband and wife had two kids from their long marriage, and the male partner had a child from the past relationship whom he had not personallyseen since the kid was born.
The couple instructed a Will writing business to organize Wills and to divide the ownership of their house so that they each held a fifty percent share that could pass under the terms of their Wills.
The Will Writing business drew up the Wills mentioning the beneficiaries as a class ” my children, instead of individually identifying the kids in spite of knowing that the husband and wife didn’t desire the estranged child to reap some benefits.
The Will writing company also neglected to recommend the clients to think about protecting their interest in the house until both of them had died.
Unfortunately, the husband passed away earliest, and as the gift of his share from the property passed to his children, this included the estranged child. The estranged child ended up being thrilled to find out that he reaped the benefit from his deceased fathers estate, and promptly started a legal battle to have the property sold to ensure his share could be released.
To make matters worse, their son and daughter-in-law were currently dealing with a divorce and the daughter-in-law made an effort to make a claim against the share of the house which had passed to their son.
The result of the badly drafted Wills coupled with an absence of expertise and knowledge led to 2 expensive legal battles, both of which could have been avoided.
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