March 12, 2010
Not All Professional Will Writers Are Solicitors. Be Warned of the Possible Problems You May Possibly Face if Your Will Is Not Drafted Correctly
In a Law Society write-up referring to a survey of more than 1,000 individuals, 67% of them mistakenly considered that all Will Writers are actually solicitors, and 82% thought that training courses and qualifications are crucial somebody to act as a Will Writer.
Ways in which it might go wrong
In case a Will is inaccurately drafted it could possibly have a damaging effect on the ones you leave behind.
I recall an up to date instance where a couple wished to leave their individual shares from the family home to their two children in order to try and safeguard a portion of the premises from care charges should the survivor having to enter a home.
They had spoken about the situation with their two children, and there was an understanding that the children would not force the living parent from the home, knowning that the surviving parent could be in the house throughout their lifetime, or right until they needed long term care.
The couple had 2 children from their long marital life, and the man had a kid from a past partnership whom he had not seen since the kid was born.
The couple instructed a Will writing company to organize Wills and to sever the possession of their property so that they each held a 50 percent share that could pass under the stipulations of their Wills.
The Will Writing provider drew up the Wills mentioning the beneficiaries as a class ” my children, rather than separately naming the kids in spite of being aware that the husband and wife didn’t desire the estranged child to benefit.
The Will writing company also failed to advise the customers to consider shielding their interest in the property until both of them had died.
Regrettably, the man died first, and as the gift of his share from the residence passed to his children, this included the estranged child. The estranged child ended up being delighted to find out that he benefited from his late fathers estate, and promptly commenced a legal struggle to get the property sold to ensure that his share could be released.
To make matters worse, their son and daughter-in-law were currently under-going a divorce and the daughter-in-law tried to make a claim from the share of the residence which had passed to their son.
The effect of the inadequately drawn up Wills in conjunction with the lack of proficiency and knowledge led to two expensive legal battles, both of which could have been avoided.
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