Prepare Your Will Professionally and Legally
If you write a will you expect it to be followed after your death. However be sure to prepare it properly and legally to avoid arguments and even court proceedings later down the line. This happened earlier this year when a daughter successfully challenged her mother's Will that had left her nothing.
On the 31st March 2011, the Court of Appeal made a ruling on a mother's Will in Ilott v Mitson which many will find surprising. The mother was estranged from her daughter who lived independently from her for 26 years prior to the mother's death. The daughter was married, had children and did not work. The mother decided to leave her estate to charitable organisations. She did not make any provision for her daughter leaving clear written reasons as to why.
Why then did the Court initially rule that the daughter should receive £50,000 from the estate and then, on appeal, the Court of Appeal held that even this was insufficient and sent the parties back to try again?
English law allows people to leave their estate to whomever they wish. This is unlike some foreign jurisdictions such as France which have strict rules on how your estate must be distributed. However, English law states that certain classes of people, for example spouses or children, are entitled to receive "reasonable provision" from the estate. If reasonable provision is not made then your estate risks lengthy and expensive legal proceedings.
Legal advice should always be taken when making a Will as this will help you to ensure that your estate can avoid situations such as these. This way, your chosen beneficiaries will benefit from your estate sooner and receive what you actually intended for them to inherit.
If you have an enquiry about how concrete your current Will is, or would like to write your first Will, then please do not hesitate to contact us.
