I was invited to contribute to the Jonathon Vernon-Smith radio show on BBC 3 Counties today. 

 The format is a phone in show with the public sending emails and texts to add to the flow.  The topic was “Inheritance,  Is It Worth The Hassle?” 

There were a number of very interesting contributions before I joined in.  A central theme was whether being disinherited or given a small inheritance in a Will than was expected, can lead to feelings of rejection as well as simply ‘missing’ the money.

There were good examples of family feuds and breakdowns caused by unexpected distributions in a Will. There was one particular contribution citing a parent constantly threatening to disinherit children if they didn’t pay repair bills etc.

It was a very interesting programme and one I enjoyed being involved in.  It really can be a very difficult area if not dealt with properly.

Just two days before millionaire businessman Mark Butler died after a protracted battle with cancer, he made his will leaving everything to his wife Taryn. He was fortified by knowing that at least she and their two young children, would be well provided for.

He wanted them to stay in the family home in London, valued at £1.5 million and he also wanted Taryn to have his shares in a successful corporate hospitality business.

However, the will signing was witnessed by only one person and a result, he was declared to have died intestate. The law requires two people to witness the signing.

His 42-year-old wife was plunged into a legal nightmare. She has been given legal advice that the only way she can remain in the family home and give her children the upbringing she and her late husband planned is to sue her children, in effect, for their inheritance.

This is a classic example of how things can wrong so easily without professional help and guidance.

The full story was published on 27th May 2009 in the Telegraph

It seems that in the United Kingdom the biggest reason for wills failing, i.e. being rejected for Probate, is down to defective attestation.

For a will to be properly attested (signed) there has to be two witnesses present who witness the attestation by the person making the will. In other words these two witnesses must actually see the will being signed.

As a matter of good practice, I advise the witnesses that for the next few minutes they must stay in the room, switch off their mobiles and await my instructions. This helps prevent them wandering off and, hopefully, after I have explained to them exactly what they have to do they will have a clear idea of their role. The two witnesses should then sign the will confirming that they have witnessed the signature by the testator.

This failing is most frequently found when DIY wills are presentedfor Probate. The proper procedure is surely mentioned in the instructions of the DIY will package but the potential for missing this one vital point is very high.

My Professional Indemnity insurance requires me to be at the attestation just to avoid this common mistake.

If you would like some advice on this matter or indeed anything about wills or to arrange a visit please call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and we will call you back.

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