Not All Professional Will Writers Are Solicitors. Keep in Mind of the Potential Hassle You May Possibly Struggle with in Case Your Will Is Not Prepared Correctly
In a Law Society article referring to a survey of around 1,000 people, 67% of them incorrectly believed that all Will Writers will be solicitors, and 82% assumed that education and qualifications are crucial an individual to act as a Will Writer.
Ways in which it might go wrong
In case a Will is wrongly written it may possibly have a harmful consequence upon the people an individual leave behind.
I recall a recent situation in which a couple wished to leave their respective shares from the family property to their two children to be able to attempt to safeguard a portion of the premises from care fees in the event of the survivor having to go into a home.
They had talked about the situation with their 2 kids, and there seemed to be an understanding that the children would not force the living parent out of the property, and that the surviving parent could remain in the home for the rest of their lifetime, or simply until finally they asked for permanent care.
The husband and wife had two kids from their substantial marital life, and the man had a child from the past relationship whom he had not personallyseen since the child had been born.
The couple instructed a Will writing provider to organize Wills and to divide the ownership of their property so they each held a half share that may pass under the terms of their Wills.
The Will Writing business took an approach to writing a Will mentioning the beneficiaries as a class ” my children, rather than independently identifying the kids regardless of being aware that the partners did not want the estranged child to reap some benefits.
The Will writing company also failed to recommend the customers to consider safeguarding their interest in the house until both of them had passed away.
Sad to say, the husband passed away first, and as the gift of his share of the house passed to his children, this included the estranged child. The estranged child must have been delighted to understand that he benefited from his deceased fathers estate, and promptly started a legal challenge to have the house sold to ensure that his share could be released.
To complicate things, their son and daughter-in-law were presently dealing with a divorce and the daughter-in-law made an effort to make a claim from the share of the residence which had passed to their son.
The result of the badly drawn up Wills in conjunction with an absence of expertise and knowledge led to 2 expensive legal battles, both of which could have been prevented.
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