In a Law Society piece discussing a survey of over 1,000 individuals, 67% of them mistakenly considered that all Will Writers will be solicitors, and 82% assumed that education and certification are crucial a person to act as a Will Writer.
How it can go wrong
If a Will is wrongly drawn up it may possibly have a disastrous result upon the people an individual leave behind.
I recall a recent instance in which a couple wished to leave their respective shares from a family property to their 2 kids in order to try and protect a share of the residence from care expenses in the event of the survivor having to go into a home.
They’d talked over the situation together with their two children, and there appeared to be an awareness that the kids wouldnt push the living relative out of the property, knowning that the living parent could stay in the property for the rest of their time alive, or perhaps until finally they needed permanent care.
The husband and wife had 2 children from their long marriage, and the male partner had a child from a prior partnership who he hadn’t seen since the child had been born.
The couple instructed a Will writing provider to prepare Wills and also to divide the ownership of their property so they each owned a 50 percent share that may pass under the terms of their Wills.
The Will Writing firm took an approach to writing a Will mentioning the beneficiaries as a class ” my children, instead of independently naming the children despite knowing that the partners wouldn’t desire the estranged child to experience some benefits.
The Will writing business also neglected to advise the customers to consider protecting their interest in the property until both of them had passed away.
Sad to say, the husband passed away first, 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 discover that he reaped the benefit from his late fathers estate, and promptly started a legal challenge to get the home sold in order that his share could be released.
To make matters worse, their son and daughter-in-law were currently going through a divorce and the daughter-in-law attempted to make a claim against the share of the residence that had passed to their son.
The effect of the inadequately drawn up Wills along with the lack of competence and knowledge resulted in two expensive legal battles, both of which could have been avoided.
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