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Will writing dangers if you do not get it done by a solicitor - a recent case exposes the consequences of will writing on the cheap.

22/06/2015

The late Ebenezer Aregbesola drew up his will using a £90 will-writing service offered by his bank, conveying his wish to leave half his home in Balham to his daughter. However, the will-writers failed to appreciate that the home was jointly owned by Mr Aregbesola and his wife. The joint tenancy agreement therefore needed to be severed in order for Mr Aregbesola’s wish to be respected. The Financial Ombudsman described such severance as “a simple formality”. By not doing so the will-writers ensured his share in the property could not be gifted to his daughter as he had wished, because it legally passed to his wife when he died.

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Restrictions and conditions can be imposed on your attorneys so you retain control over your LPA – our lawyers explain a recent case

09/06/2015

Mr XZ, a high-net-worth-individual, executed an LPA for property and financial affairs, appointing three close friends and business associates to be his attorneys. He also imposed restrictions and conditions running the length of ‘seven continuation sheets’ as to when the attorneys can act, covering both standard and emergency situations. With regard to a standard situation, for example, before the attorneys can act the opinion of two psychiatrists must confirm lack of capacity, their opinions must be approved by an unqualified Protector and also 60 days must have elapsed from the time this opinion was given.

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