Once upon a time, there was a wealthy merchant who had a young wife and a beautiful daughter called Cinderella. They were his world.
One day, he received the worst news possible. His wife had become very ill and he must return home immediately. He nursed her for several weeks, but they new she was not going to get better. Soon, when his wife knew the end was near, they discussed their options and made sure the merchant promised he would do all he could for their daughter, and to find happiness again.
She insisted that they make a will together whilst they had time. They called QualitySolicitors and a solicitor arrived to take down their instructions and create the Will. Having discussed their options with the solicitor, they decided to set up a trust for Cinderella from their estate and equity to provide for her should anything further happen in the future, bestowing a close family friend to be the Trustee.
Sadly, soon after everything was signed, Cinderella’s mother passed away. Her father was heartbroken and worked harder than ever.
Years passed by and Cinderella’s father finally met someone. Soon, they were married, and she moved into the family home along with her two daughters.
Whilst her father was away, Cinderella’s Step-Mother was cruel and mean to her, making her do all the housework and family chores, whilst she doted on her own daughters.
Unfortunately, Cinderella’s father didn’t have long to enjoy his new life, as a trade ship he was traveling on was lost at sea. 5 years passed, and he was never seen again. Cinderella’s Step-Mother had him declared dead, greedily looking to keep hold of all the family possessions and home as she thought was hers due to marriage.
When the close family friend heard this news, he called QualitySolicitors and obtained the will to discuss what needed to happen next. With some guidance, they informed Cinderella of the trust fund, and how all of her parents’ estate belonged rightfully to her. She was over the age that was stipulated she had to have reached in the Trust and therefore could do with it as she pleased!
Before she knew what had happened, the wicked Step-mother and her daughters were kicked out of the house and Cinderella expanded her father’s business. Soon, she was the wealthiest woman in all the land and attracted the attention of the handsome Prince Charming.
After some courting and romance, they were married, and Cinderella and Prince Charming lived happily ever after!
The End.
Conclusion:
Whilst we don’t want to think about what might happen, sometimes we need to so that we can plan ahead. Setting aside some of your estate into a trust fund is one of the best ways to protect your legacy for your dependents, without the fear of unknown situations changing things.
In the normal story, things for Cinderella don’t go too well. It is common for most people to just leave their estate to their spouse in the event of their death, which could then create issues should the remaining spouse re-marry and the family set-up change.
The benefit of writing a Will is essentially making life easier for those you leave behind. It will cause fewer problems as everyone is legally entitled to do what has been set out in the Will. Not writing one will lead to later issues which you will not be able to diffuse.
When writing a Will, make sure the rules under s.9 of the Wills Act 1837 are followed otherwise it won’t be valid. A Will must be in writing, signed by yourself, must have been meant to be signed by yourself and the signature must be seen by a witness or two. It is all good and well writing a Will but not much point if it is not legal.
The next area to establish is capacity.
In the case of Burns v Burns[2016] EWCA Civ 37, the Will was contested due to lack of capacity. The court of appeal held that the deceased’s will was valid as the solicitor who took the instructions was clearly experienced, read over the will to the deceased and concluded that she had the capacity to make such a will and meant to do so. This rule in the case of Parker and Another v Felgate and Tilly(1883) was used to come to this finding. The established rule of capacity states that if a person has instructed a solicitor to make a Will, all that is necessary to make a good Will (if it is executed by the testator) is that the solicitor writes out the document the way the testator set out her instructions.
Always note that a Will can be contested but as long as the rules are followed then the Will is legal.