Much more worryingly, over 830 people thought that the declaration "anyone can easily presently establish themselves up as a Will Writer as accreditation will not be necessary" was untrue. 21% mentioned they would as an alternative be able to write a Will independently.
If a Will is incorrectly drafted it can have a damaging effect upon the ones you leave behind. I recall a recent instance in which a couple planned to leave their individual shares from a family residence to their two kids to attempt to guard a portion of the premises from care fees should the survivor having to enter a home.
They had discussed the circumstances with their two kids, and there seemed to be an understanding that the children would not force the living relative from the property, and that the living parent could stay in the home for the rest of their lifetime, or just until finally they asked for permanent care.
The couple had two children from their lengthy marriage, and the husband had a child from a previous relationship who he had not seen since the child was born.
The couple instructed a Will writing supplier to prepare Wills and also to divide the ownership of their house so they each owned a half share which could pass under the conditions of their Wills.
The Will Writing company drew up the Wills referring to the beneficiaries as a class - "my children", as opposed to separately identifying the kids regardless of knowing that the partners wouldn't intend the estranged child to benefit.
The Will writing company also neglected to recommend the customers to consider protecting their interest in the house until both of them had died.
Sadly, the man passed away first, and as the gift of his share from the residence passed to "his children", this included the estranged child. The estranged child must have been thrilled to find out that he gained from his deceased father's estate, and promptly commenced a legal challenge to have the home sold in order that his share could be released. The estranged child must have been thrilled to find out that he gained from his deceased father's estate, and promptly commenced a legal challenge to have the home sold in order that his share could be released.
To complicate things, their son and daughter-in-law were presently under-going a divorce and the daughter-in-law made an effort to make a claim from the share of the residence that had passed to their son.
The result of the poorly drafted Wills coupled with the lack of expertise and knowledge resulted in two expensive legal battles, both of which could have been avoided.
How it could have worked out
Had the couple taken proper legal advice, they could have prepared Wills that would not only be correctly worded so that their joint children received the shares in the property, but the Wills could also have been drawn up to include a property trust for the remainder of the survivors lifetime. To paraphrase, the kids wouldn't have become legally eligible to the property unless both mum and dad had passed away. The daughter-in-law would not have been able to claim a share of the home as part of the divorce proceedings.
Jo Robinson is head of operations at FB Wills Direct a division of Flint Bishop Solicitors. Find out about making a Will quickly and cheaply at our web site http://www.fbwillsdirect.com or contact jo.robinson@flintbishop.co.uk
Tags: legal