In a Law Society write-up referring to a study of more than 1,000 people, 67% of them mistakenly considered that all Will Writers are solicitors, and 82% assumed that education and accreditation are crucial someone to act as a Will Writer.
Ways in which it can go wrong
If a Will is inaccurately drawn up it could possibly have a disastrous effect on the ones an individual leave behind.
I recall a recent instance where a husband and wife planned to leave their individual shares from a family home to their 2 children in order to try and guard a share of the residence from care expenses in the event of the survivor needing to go into a home.
They had talked over the situation with their two kids, and there ended up being an awareness that the kids would not pressure the living parent out of the residence, and that the living parent could remain in the home throughout their life time, or maybe right until they needed permanent care.
The couple had two children from their long marital life, and the man had a child from a prior partnership whom he had not seen since the kid had been born.
The couple instructed a Will writing service to organize Wills and to divide the ownership of their house so they each held a 50 % share that could pass under the conditions of their Wills.
The Will Writing firm drew up the Wills mentioning the beneficiaries as a class ” my children, rather than separately naming the kids irrespective of being aware that the husband and wife wouldn’t intend the estranged child to reap some benefits.
The Will writing company also neglected to recommend the clients to think about shielding their interest in the home until each of them had died.
Unfortunately, the husband died earliest, and as the gift of his share of the house passed to his children, this included the estranged child. The estranged child was thrilled to discover that he gained from his deceased fathers estate, and promptly commenced a legal battle to have the house sold to ensure that his share could be released.
To complicate matters, their son and daughter-in-law were currently dealing with a divorce and the daughter-in-law tried to make a claim against the share of the property which had passed to their son.
The consequence of the badly drafted Wills coupled with an absence of competence and knowledge led to 2 expensive legal battles, both of which could have been prevented.
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