Wills

Where a solicitor fails to act on a client’s instructions to draft a Will which results in a potential beneficiary being denied their inheritance, there is no claim for breach of contract as there is no contract in place between the solicitor and the potential beneficiary. However, an action in professional negligence may be possible […]

At long last there are some changes in the area of law relating to Wills. From the 1 October 2014 the definition of personal belongings or personal chattels last laid down in 1925 has been altered. No more will it mean stable furniture, horses, plate, linen, glass, liquors and consumable stores. The new definition of […]

Death and mental incapacity are two subjects that everyone would probably rather not think about. However, addressing these subjects early on and including them as part of succession planning for a park business will save significant time, money and stress in the long run. In this blog I cover the very important issue of estate […]

Another set of shocking statistics have been published this week by the Dying Matters Coalition which will no doubt make eye-watering reading for Wills and Probate Solicitors up and down the country. The results reveal that only a third of those asked had made a Will, which makes disappointing reading when you consider that having a […]

The recent much publicised case of Marley v Rawlings & Another  has once again highlighted the need for specialist advice to be taken when making a Will. The case concerned the estate of the late Mr Rawlings. Mr & Mrs Rawlings made wills in 1999 leaving their estates to Mr Marley who was not a […]

The Law Society has issued formal guidance on making a “Sharia compliant” Will. This initiative by the Law Society has come under attack by campaigners for secularism, who accuse the Law Society of assisting discriminatory practices which deny women an equal share and excludes “illegitimate” children or unbelievers. The guidance was published earlier this month […]

If you promise to do only one thing for yourself this year, why not plan for your future by making a Will and Lasting Power of Attorney. Wills Writing a Will is one of the most important arrangements a person can make during their lifetime. By writing a Will, you ensure that upon death your […]

It is common knowledge that Amy Winehouse, Jimi Hendrix and Bob Marley were successful musicians that were taken from the world too young. Perhaps what you didn’t know, that all three had in common, was that all three celebrities (the oldest being Bob Marley at 36) passed away without making a Will. Surely, given the […]

We are disappointed to hear the recent news that despite a two year investigation by the Legal Services Board the Government has rejected the advice to make will writing a regulated activity. This is despite comprehensive evidence that the interests of consumers were not being protected. The Legal Services Board recommended that Will Writing was […]

Only a couple of weeks have passed since various news pages published reports calling for a review of the will making profession. This followed the findings of the Legal Services Consumer Panel which had discovered that large numbers of wills contain simple mistakes or lack clarity, especially when made at home or when drafted by […]

There was a lot of commotion in last week’s business news pages, regarding calls for tighter regulation of will making and the administration of estates. The dedicated Probate Department here at Blacks is all for increased consumer protection in this complex area of law, but this is not a new revelation. For a number of […]

Writing a Will is one of the most important arrangements a person can make during their lifetime. By writing a Will, you ensure that upon death your estate is divided exactly in accordance with your wishes. You have complete control over who does (and who does not!) receive a share of your assets when you […]