A couple of months ago, an ‘interesting’ case came up at the high court: Mr Chenery who died in 2021, wrote his will on the back of two pieces of cardboard food packaging. Was the will, written on a Young’s frozen fish carton and a cardboard box once containing Mr Kipling mince pies, valid?
To complicate matters, the will had only been signed on one of the ‘pages’. And there was a concern that because of the different types of packaging, it might not be deemed as the same document.
Mr Chenery’s will stipulated that his assets should go to Diabetes UK, and his family supported Mr Chenery’s wishes as there was diabetes in the family.
The judge, Katherine McQuail ruled in favour of the will being accepted. Mr Chenery’s estate now goes to Diabetes UK as per his wishes detailed across the cardboard packaging.
So, the question you might ask is “Why use a solicitor, when I can write my will on literally anything?”
The bottom line is court fees. If there is ambiguity in a will, the will can be contested and legal fees or court fees can be incurred. The legal fees involved in hiring a solicitor to write your will are far less than hiring a solicitor and/or barrister after your death to deal with any uncertainties in the will. Further, a court case causes stress amongst family members, and the assets cannot be touched until the issues are resolved, often incurring additional costs (e.g. a house might incur council tax and utility supply costs) reducing the value of the estate.
Further, there are a number of other considerations:
- Your solicitor can talk through your requirements whilst suggesting amendments or recommendations. For instance, using your gift allowance before you die, can reduce your total assets and any IHT liability.
- A solicitor also understands the different ramifications of leaving assets to your successors. With complicated blended families, you want to ensure that assets go down your family line.
- A solicitor can help you to look after any vulnerable family members. Whether that’s children under the age of 18, or family members with special needs or disabilities, or even family members with addictions, your assets can be distributed in the best way, following your wishes whilst looking after your loved ones.
- A solicitor is best placed to advise you on wording to make your will future-proof. Wills need updating when your circumstances change (indeed, if you divorce, your will becomes automatically invalid), but even so, well-written wills can work for many years, without amendments.
- A solicitor can work with you to ensure every asset that you have is taken into account, so that your will is a comprehensive and complete document.
- Your solicitor can hold a copy for safe-keeping, just in case the original is mislaid.
If you are interested in writing your will, we’d be happy to explain further and guide you through the process. For further information, please contact Melissa Butler on 01756 692878 or email melissa.butler@awbclaw.co.uk.
20 January 2024
Intestacy – the question of inheritance
Have you put your affairs in order?