Title: Your Will - Your Choice
Date: 22 February 2008

You are free to leave your assets to anyone you wish on your death. A recent case where Mrs Golda Bechel chose to leave her multimillion pound estate to her friends, Mr and Mrs Man, owners of a local Chinese takeaway, was a victory for the laws of “testamentary freedom”. Her will was challenged in court by her family, but the court ruled that her will was valid.

The most important way to ensure that your wishes on death are carried out is to make a will through a solicitor as they have a legal duty to act in your best interests, as well as having the relevant expertise in wills and tax planning. 

Even properly drawn up wills can be challenged.  There are three grounds for this, where

  • the will was not properly signed
  • the testator lacked mental capacity or
  • the testator was unduly influenced. 

If you do wish to do something out of the ordinary in your will, such as leaving money to one child and not to another, then a solicitor can advise you on what can be done to limit any claims.  For example, writing a separate letter explaining why you are making your will in this way can help your family understand your decision and will demonstrate that you knew what you were doing. 

If you are elderly or suffering from any memory problems this does not mean that you cannot make a will, but it may be advisable to obtain a letter from your GP confirming your ‘mental capacity’ in these circumstances. 

These documents can all be stored with your will and could be produced in the event of a claim against your estate.  Together with the will itself, such documents could help ensure that any claim is unsuccessful and your wishes are carried out. 

It is a good idea to review your will each year, in case it it necessary to update your will following changes in family circumstances and in light of any changes to inheritance tax arrangements.

Of course, if you do not have a will yet, please get in touch. We would be delighted to assist you in drafting your will and advising on inheritance tax planning.

Disclaimer

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published.

Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

 

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