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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
In the past year, the High Court has been asked to determine whether a purported will is a forgery on three different occasions. This is an interesting development because there is often a perception amongst lawyers that contested will forgery actions rarely reach trial.
The recently decided case of Ramsey v Ramsay [2015] reminds practitioners of the importance of clearly explaining to the testator their will in a language they understand and reinforces the importance of the solicitor's evidence in cases concerning the validity of a will.
“Judges say that your will can be ignored” ; “Woman cut out of mother's will as she eloped with boyfriend wins legal battle for share of estate”; “What is the point of a will if your wishes can be defied?”; “UK court overturns will of mother who had disinherited child”. These are just some of the headlines that have appeared in the pages of our national newspapers in the last few days following the Court of Appeal decision in the case of Ilott v Mitson & Ors (“Ilott”).
Preparing wills can be stressful. Once completed, people are satisfied that their estate will be distributed in accordance with their wishes upon their death. However, problems can arise if the will has not been properly executed. This can sometimes happen if a person has undertaken a DIY will and not followed will formalities. Solicitors and professional will writers can make errors causing the will to be invalid.
In the recent case of Sharp v Hutchins (2015) the High Court has upheld the 2013 will of elderly bachelor Ronald Butcher, leaving the beneficiaries of an earlier will who expected to receive a share of Mr Butcher’s estate disappointed.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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