When it comes to writing a will, even the smallest mistake can have devastating consequences – as several charities found out recently when they lost out of a share of £1 million.
A costly oversight
According to a recent article in the Times, a dispute arose when a minor clerical error, possibly involving an incorrect signature or a missing key detail, rendered a will invalid. As a result, the deceased’s estate was distributed in a way that did not reflect their true intentions.
The charities that were meant to benefit from the will were left with nothing and the case ended up in a costly legal battle.
The importance of correctly executing a will
UK law has strict procedures when it comes to will-writing and failing to comply with these requirements can lead to all sort of problems. It can mean unintended beneficiaries receive an estate, like in the case of the charities mentioned above. It can also lead to disputes among family members and lengthy (and expensive) court battles.
Many people fall into common traps when drafting a will, including:
- Failing to properly sign or witness the will.
- Using vague or unclear language, which can lead to confusion, misinterpretation, and disputes among beneficiaries.
- Not updating a will.
- Relying on DIY will kits. They may seem cost-effective but they often fail to meet legal requirements, leading to disputes or complete invalidation.
Don’t make the same mistakes
To ensure your will is legally valid and reflects your wishes, make sure your will clearly expresses any specific beneficiaries. It is also wise to seek professional legal advice to make sure your will is drafted correctly and complies with the law. Your will must be signed and witnessed correctly to be legally valid.
Finally, you should make sure you regularly review your will and update it where necessary. Significant life events such as marriage, divorce, the birth of children, or changes in financial circumstances could mean a review of your will is needed.
For more information about drafting or reviewing your will, contact Downs Solicitors to see how we can help.
Contact Liz Dalgetty
