When it comes to estate planning, many people assume that creating a Will should be a straightforward and inexpensive process. After all, a Will is just a document that states who should inherit your belongings after you pass away, right? So why does it often come with a higher price tag than expected?
In this collection of legal blogs, we present a series of case studies that reveal how often people's situations are more complex than they realise and how we helped them navigate these complexities to create tailored Wills to suit their needs.
Case Study 4 - Linda
Linda, a retired teacher in her 70s, approached us to draft her Will. She had two children, but had been estranged from her son, Mark, for over a decade. Linda wanted to leave her entire estate to her daughter, Emily, but she was concerned about the potential for legal challenges from Mark, who had been left out of the Will.
The Complexity
Disinheriting a child can be legally complex and emotionally charged. Even if a parent clearly states their intention to leave a child out of the Will, the disinherited child may still have grounds to contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975. This can lead to lengthy and expensive legal battles that could diminish the estate and cause further family breakdowns.
The Solution
By instructing a solicitor Linda, was able to get advice on Mark’s right to contest and measures she can put in place to deter this. Linda’s Will included a clear and specified non provision clause, explaining Linda’s decision to disinherit Mark, which demonstrated her intent and sound mind at the time of drafting. We also advised Linda to write a separate, signed letter to be kept with her will, further detailing her reasons for excluding Mark. This letter, whilst not legally binding, could be used in court to support her decision if Mark contested the will.
Through these measures, we were able to help Linda ensure that her estate would be passed on according to her wishes, with reduced risk of legal disputes and the associated emotional and financial costs.
Conclusion
This case study highlights that while a Will might seem like a simple document, individual circumstances often require more nuanced solutions. Creating a tailored Will ensures that all aspects of your life and legacy are thoughtfully and effectively managed. Investing in expert legal advice may come with a higher cost, but it provides invaluable peace of mind and prevents future complications for your loved ones.
Contact us
If you or a friend/family member are looking to prepare a Will , and would like to make an appointment to see one of our lawyers, please contact our enquiries team by email at privateclient@baker-law.co.uk or telephone 01252 733 770 and ask to speak to the Private Client team about Wills. We will be happy to provide details of our fees and procedure and arrange an appointment to meet to take instructions.
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