In a Law Society piece of writing referring to a survey of over 1,000 people, 67% of them wrongly assumed that all Will Writers are actually solicitors, and 82% thought that training courses and certification are required somebody to act as a Will Writer.
Ways in which it might go wrong
If a Will is incorrectly drawn up it could actually have a disastrous result upon the people an individual leave behind.
I recall a recent situation in which a couple planned to leave their respective shares in the family residence to their 2 kids in order to try and guard a portion of the premises from care expenses should the survivor having to enter a home.
They’d talked about the situation with their two children, and there appeared to be an awareness that the children wouldnt pressure the living relative out of the property, and that the surviving parent could stay in the house throughout their lifetime, or until eventually they asked for permanent care.
The couple had two kids from their substantial marital life, and the male partner had a kid from the prior relationship whom he hadn’t ever seen since the kid had been born.
The husband and wife instructed a Will writing provider to organize Wills and also to sever the possession of their house so they each owned a 50 % share that could pass under the stipulations of their Wills.
The Will Writing firm took an approach to writing a Will referring to the beneficiaries as being a class ” my children, instead of independently identifying the children despite knowing that the husband and wife didn’t intend the estranged child to benefit.
The Will writing business also neglected to advise the clients to take into consideration shielding their interest in the house until each of them had died.
Sad to say, the husband died earliest, and as the gift of his share from the home passed to his children, this included the estranged child. The estranged child ended up being thrilled to find out that he benefited from his late fathers estate, and quickly began a legal battle to have the home sold so that his share might be released.
To complicate things, their son and daughter-in-law were presently 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 badly drafted Wills coupled with an absence of competence and knowledge resulted in two costly legal battles, both of which could have been prevented.
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