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Article Directory :: Legal Articles
How it can go wrong
If a Will is incorrectly drawn up it can have a devastating effect on the ones left behind. I recall a recent case where a husband and wife wanted to leave their respective shares in the family home to their two children to try and protect a share of the property from care fees should the survivor have to go into a home.
They had discussed the situation with their two children, and there was an understanding that the children would not force the surviving parent out of the home, and that the surviving parent could stay in the property for the rest of their lifetime, or until they required long term 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 company to prepare Wills and to sever the ownership of their property so that they each held a half share which could pass under the terms of their Wills.
The Will Writing company drew up the Wills referring to the beneficiaries as a class - "my children", rather than individually naming the children despite being aware that the couple did not want the estranged child to benefit.
The Will writing company also failed to advise the clients to consider protecting their interest in the property until both of them had passed away.
Unfortunately, the husband passed away first, and as the gift of his share of the property passed to "his children", this included the estranged child. The estranged child was delighted to find out that he benefited from his late father's estate, and promptly began a legal battle to get the property sold so that his share could be released.
To make matters worse, their son and daughter-in-law were currently going through a divorce and the daughter-in-law tried to make a claim against the share of the property 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. In other words, the children would not have become legally entitled to the property until both parents had passed away. The daughter-in-law would not have been able to try and claim a share of the property as part of the divorce proceedings.
Jo Robinson is head of FB Wills Direct a company owned by Flint Bishop Solicitors. Find out about our professional Will writing service quickly and cheaply at our web site www.fbwillsdirect.com or contact jo.robinson@flintbishop.co.uk
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