As the founder of Tipi Wills & Mediation, on talking to numbers of people and guaging feedback whilst setting up my business following hours, months and years of work, I have to conclude that sometimes a little knowledge can be a dangerous thing.  Even though I know what documents can and can't do in relation to my area of the Law of Succession, I also know their limitations and how difficult it is to cover the enormous variety and complex situations in society.  Even though I know all these things and passed my exams at 89% I am still aware of how much I dont know.  It is also the case that the law and courts can appear to be contrary and constantly do things that we were not expecting to turn things on their head.  So, I can only conclude that going it alone without consulting a professional on anything, can be fraught journey set with consequences you could not have imagined.  Given that there are still numbers of experienced legal professionals who still do not get the Wills right with contested Wills, for so many reasons, being on the desk of the lawyer, I would only advise great caution when preparing a Will.

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The standard of care for your Will making legal professional is extremely high, some would say too much so.  A judge even concluded that a solicitor was liable for the fact a signed Will was not executed or returned by the client.  Having prepared a Will according to client instructions, and sent instructions for the signing of the Will, (therefore had now handed the matter back to the client), it was still decided that the solicitor was liable for the fact the client did not execute the Will and the family were now suing.  It was deemed that as the solicitor in question did not subsequently receive the signed Will back and the client died, he was responsible for chasing the client until the signed Will was returned.  The contested situation for negligence was successful and left everyone wondering how far a duty of care has to go and in the meantime our professional insurances rocket.

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The point is, even qualified professionals cannot know for certain and of course, lawyers will also always say they cannot know for certain.  However, many people seem to assume they do know and that all will be fine.  As professionals we attempt to provide the client with belt and braces advice and support and still the courts change their decisions as they adapt to evolving society.

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It is always the case that the British have full testamentary freedom, ie can make a Will leaving things to whoever they wish but it is not the case in all countries.  Here, things have changed regarding case law, although the law itself has not changed, in regards dependants.  Decisions courts have made have evolved allowing disinherited children claims and other dependants claims, under certain conditions, and each case is looked at.  There are certain criteria that allow people to make claims upon Wills.  (This has also meant a large number of claims that should not have been brought, but people are assume they now can try).  Certain types of dependants have claims, the disinherited have claims, illegitimate unknown children have claims, long lost children have claims, ex spouses have claims. 

 

However, if you have made a conscious decision to exclude someone, or a group, for a particular reason then the belt and braces approach is to record that and say why.  This gives the claimant less power and provides information for legal professionals or courts to consider if your wishes and instructions are recorded and clear.  It is important you do this and we will guide you through how and ensure that the information remains with your Will in the event that someone might contest the contents of your Will.