Ombudsman on will-writers

There is recent news in the press that the Legal Ombudsman claims that people are being “ripped off” by unregulated will–writers. “Customers are left with little or no legal redress when things go wrong” he says

We have heard on numerous occasions of people who have initially used a Will Writer, but found that the final Will has not reflected their wishes. The implications of an incorrect or badly drafted Will can be very costly to undo after you have gone and can leave your family in disarray when they have to pick up the pieces as generally problems only come to light when you have died.

Some of the common problems that we have encountered can be summarised are as follows:-

1. The clauses in the Will have been badly drafted. Although it is rare for a will to be rejected outright because of poor wording, it is common for a specific clause or clauses to be rejected - leading to partial intestacy, or the even more expensive option of a court battle to resolve how the wording should be interpreted.
2. The Will has not been signed or witnessed correctly, which has lead to the Will being declared as invalid.
3. A beneficiary has been a witness to the Will which has invalidated a legacy or share of the residuary estate bequeathed to them under the terms of the Will.
4. A Will has been amended incorrectly or marked after it has been completed which has resulted in the alterations being declared as invalid.
5. Dependants have been left out of the Will which has left the estate open to challenge under the Inheritance (Provisions for Family and Dependents) Act 1975.

If there are problems with your Will it will almost certainly mean delays in finalising your estate and any disputes which may have to be settled through the courts.

for further information please contact Elliot Lewis.