Make Sure Your Last Wishes Are Clear- Will Writing Advice

  • Author: David Crosby
  • Posted on: 17th December 2019
  • Posted in: Blog

There are a growing number of cases we have seen where disputes have arisen upon death and when the provisions in a Will (if one exists at all) have left some people excluded from being beneficiaries who might otherwise have believed, or been led to believe, that they would be provided for.

It is of course only fair that everyone has the absolute right to decide who they wish to benefit from their Estate and whilst this can result in what on the face of it might appear to be harsh or unreasonable exclusion, not least where the excluded party is a very close family member, ultimately there is no automatic right of entitlement.

These types of disputes are not only very costly to resolve, they are also deeply damaging to the family of a deceased as they can result in alienation and ill will between family members that is difficult to ever resolve.

We believe therefore that it is essential that:

1) A Will is properly drawn up and executed by an experienced and regulated professional solicitor and that where it can be seen that a request (or exclusion) might trigger a potential claim post-death.

2) Steps are taken to ensure that this risk is reduced to the lowest level possible.

Whilst it is impossible to ever remove the risk of any claim arising, a simple step such as a detailed letter giving the reasons as to who and who is not to benefit under the Will and why, can go a very long way to both explaining the thinking behind the decisions taken and to also minimise the chances of any claim being successful.

To discuss having a first Will prepared, or if a Will already exists, having that reviewed to ensure it now fully reflects your current wishes and intentions, please call and speak to one of our specialist private client team on 01273 734 600 or email us to arrange a meeting on advice@crosbywoods.co.uk