Tag: wills

Deathbed Will dispute serves as an important reminder to make your testament wishes known

A dispute over a Will partially destroyed by a 92-year-old woman on her deathbed serves as a “clear reminder” that people should make their testamentary wishes known, an expert has said. 

According to reports, the relatives of Carry Keats are embroiled in a £800,000 court dispute after she partially tore up her will on her deathbed.

The incident has led to a legal battle between her five cousins and her younger sister. While hospitalised, Ms Keats reportedly ripped through three-quarters of her will, a move that has raised questions about its legal validity. 

Lawyers have informed a High Court judge that Victorian legislation allows for a will to be revoked by tearing it up, provided legal requirements are followed.

Ms Keats died in 2022, just weeks after the incident, leaving an estate valued at £800,000, primarily comprising her home and land in Nomansland, Wiltshire. 

The case hinges on the interpretation of the Wills Act 1837, which dictates that for a will’s destruction to be valid, the testator must either destroy the will themselves or properly authorise someone else to do so. The cousins’ lawyer has argued that since Ms Keats’s solicitor rather than the testator finished tearing the will, this could invalidate the act due to  a“lack of authority”.

Commenting on this case, Victoria Townsend, who specialises in Contentious Trusts and Probate at leading law firm Smith Partnership, said: “A lot of people are surprised to learn that the Wills Act 1837 is still the governing legislation when it comes to the formalities behind Wills. 

“In this case, the dispute is over whether the deceased testator had intended to revoke the Will by way of destruction. Section 20 of The Wills Act 1837 allows for no Will to be revoked but by another Will or codicil, or by writing executed like a Will, or by destruction.

“Had the testator created a subsequent Will, this would have revoked her Will, regardless of whether she completed the action of tearing up the document, but it would appear that she chose not to do so. 

“As the cousins of the deceased appear to be claiming that she lacked capacity at the time the Will was torn up, if she had created a new Will rather than just tearing up the old one, it would no doubt be the case that they would also have disputed the new Will on the same basis of a lack of mental capacity.  

“As the deceased didn’t have a previous Will, in the event the Court finds the Will to have been validly revoked upon it being partially torn up, the intestacy rules will apply and her sister will inherit. 

“It will be interesting to see the judgment and outcome of this case. If nothing else, it is a good reminder to people to make sure you make your testamentary wishes known to people and to ensure you leave a valid will.”

Outlining her wider advice on how to avoid disputes in general, Ms Townsend said: “In order to avoid the issues faced with probate, there must be a focus on informing people about how to properly write a will.

“A lot is to do with being properly informed, going to professionals to write your will, being clear with family members what your intentions are, or just knowing really what may happen if you don’t do this properly,” explains Ms Townsend.

“COVID also engineered a lot of issues for writing wills, which is where a lot of problems have originated from that are now coming to light. 

“Keeping things proportionate is important. When people say it’s all about the principle, but they want to do x, y and z, you need to speak to them to identify what their objectives are,” explains Ms Townsend.

“We try to keep things realistic, and let people know at an early stage what they’re looking at so that objectives and expectations are appropriate and clear.

“Will disputes are centred around people who are  grieving. Naturally, many years of pent-up emotion, anger and family conflict come to the surface and can be heightened where money and estate assets are involved. Will disputes can be very costly, especially  if they reach court. 

“I think if people realised how much money can potentially be saved by avoiding will disputes then they would see the sense in  spending  a few hundred pounds on having a will professionally prepared .

The alternative could result in your family spending 50% of your estate on legal fees to resolve a legal wrangle,” she says.

Nearly half of adults in Scotland don’t consider planning for their digital legacy in their Wills, new poll reveals

A concerning number of adults in Scotland risk leaving grieving loved ones without access to cherished memories and vital information by neglecting to plan for their digital legacy, a new survey by Will Aid shows. 

The national Will-writing campaign has revealed 44% of respondents in Scotland overlooked the critical need to include digital assets in estate planning – meaning friends and family may face significant challenges in the event of their death, including the loss of treasured photographs, and difficulties in managing financial affairs. 

As the world becomes increasingly digital, our online lives leave behind an important, but often overlooked, legacy. 

The rise of digital banking, cloud storage, and the prevalence of social media means that a person’s online presence and assets can be just as valuable – if not more so – than their physical belongings. Yet, many individuals fail to consider this when preparing their Will, so sorting out the deceased’s estate becomes a more complicated task than it needs to be, adding stress to an already difficult time. 

Michael Cressey, from Hadfield Bull and Bull Solicitors, said: “In an age where so much of our lives are online, ensuring loved ones have access to your digital accounts after you die is crucial.  

“Many people do not realise how much valuable information is stored in their email and online profiles – from financial records to cherished photographs. Failing to leave clear instructions and passwords can cause significant emotional and logistical hardship for those left behind.  

“Leaving instructions for digital assets in a safe way not only ensures access to important assets but can also help loved ones manage practical matters such as closing accounts, settling bills, and even notifying institutions of the death. There are ways that you can update your online accounts with Apple iPhone by using the ‘legacy’ function in your phone settings, which will help you plan for the future.”  

The annual Will Aid campaign sees solicitors across the UK volunteering their time to write Wills throughout November, making it an ideal opportunity for people to get their wishes professionally drafted in a legal document, which will help to protect their loved ones in the future. 

Peter de Vena Franks, Will Aid Campaign Director, said: “By planning ahead, individuals can help ensure their online legacy is managed according to their wishes, and spare their loved ones from additional stress. 

“This year’s Will Aid campaign is the ideal time to talk to a solicitor, and ensure their wishes are clearly documented, giving them peace of mind that their loved ones will be spared additional upset and stress in the event of their death.” 

Will Aid is a partnership between the legal profession and seven of the UK’s best-loved charities.  

The initiative, which has been running for more than 30 years, sees participating solicitors waive their fee for writing basic Wills every November. 

Instead, they invite clients to make an upfront donation to Will Aid – a suggested £100 for a single basic Will and £180 for a pair of basic ‘mirror’ Wills. 

Appointments are available now, and you can sign up by visiting www.willaid.org.uk  

Donations to the campaign are shared by Will Aid’s partner charities, which operate both here in the UK and around the world. 

For more information on Will Aid and how to get involved visit www.willaid.org.uk  

Do You Need Help Writing or Updating Your Will?

LifeCare Edinburgh hosting free info event to help local people 

Are you worried about writing or updating your Will and not sure where to begin?  Join LifeCare Edinburgh and Lindsays Solicitors at their free information event to find out about the practicalities of the process, including when you should make a Will, what is involved and what you need to think about in advance. 

Making a Will is a simple thing you can do for your family, loved ones, friends and favourite charities and is probably easier than you think. 

This event will help ease any concerns you may have, so you can ensure that your affairs are in order. Bring along your questions and take time to talk to the experts from Lindsays on a 1-2-1 basis after the presentations. 

This event will take place on Wednesday the 18th of September between 2pm and 4pm at the fully accessible LifeCare Centre, 2 Cheyne Street, EH4 1JB, in the heart of Stockbridge. Arrival from 1.45pm to get refreshments and seated for a 2pm start for the presentations.

Free tea and coffee will be served. To register, please visit LifeCare’s website:

 https://www.lifecare-edinburgh.org.uk/  

or give us a call on 0131 343 0940. 

Local charities awarded share of £37,500 fundraising sum 

Leading Scottish law firm, Thorntons’ annual charity wills campaign has raised £37,500 for Cash for Kids, helping to support vulnerable families and children across Falkirk, Edinburgh and the Lothians.  

Every year Thorntons’ offices in Edinburgh, Fife, Dundee, Perth and Angus, don’t charge a fee for Wills written throughout the month of September. Instead, the firm asks clients to make an equivalent donation to Cash for Kids.

The fundraising campaign has raised more than £600,000 for Cash for Kinds since it was established more than 26 years ago.

Among the beneficiaries of the most recent fundraising drive is a local project run by Sight Scotland, which is one of Scotland’s oldest charities. The funding enabled the purchase of a mobile Soundbeam for the Lothian region. A Soundbeam produces noise through movement meaning children with profound physical or learning disabilities can communicate and be expressive with sound and music.

Falkirk-based group, Supporting Young Parents also received funding. The project aims to identify the needs of young parents, help build confidence and improve their overall health and wellbeing while offering development and socialising opportunities for babies and toddlers. This latest funding has been used for catering and sensory learning activities. 

Murray Etherington, Head of Wills, Trusts and Succession planning at Thorntons, said: “We are truly humbled by the work Cash for Kids carries out in helping countless organisations within our local communities.

“It’s a privilege to once again support its achievements through our charity wills campaign and we’d like to thank all of our clients who kindly contributed this year.”

Emma Kemp, Cash for Kids Regional Charity Manager, said: “We are delighted to yet again have partnered with Thorntons on their Charity Wills Month in 2022. To say this campaign has been a success over the years would be an understatement.

“Through Thorntons’ commitment and hard work this campaign continues to support local children in need. We really are so thankful for this wonderful campaign, and we cannot thank Thorntons staff and their clients enough for getting behind it.”

Headquartered in Dundee, the firm now has 13 offices ranging from Glasgow, Edinburgh and Montrose to St Andrews, Arbroath and Perth. 

For more information on Thorntons’ Charity Wills campaign visit https://www.thorntons-law.co.uk/charitywills.

UK gambling with £5.5trn inheritance as more than half don’t have a will

  • 73% of UK adults with financial concern for others say ensuring the right people receive money is important when gifting money
  • Yet 57% of adults surveyed do not have a will in place
  • Nearly half (45%) have never spoken or will not speak about pension death benefit nomination, lasting power of attorney or a trust with family

More than half of the UK with financial concerns for others (57%) do not have a will in place, according to new research from Quilter, leaving their family finances open to challenge when they pass away.

Of those that do have a will, the majority (53%) have not updated it within the last five years, with a further 14% never having updated it at all. Worryingly, 16% of over 55s have never updated their wishes.

Meanwhile, one in four of those with financial concern for others (25%) said they would be willing to contest someone else’s will if they felt the estate hadn’t been divided fairly, highlighting the need to have an inheritance plan well established and communicated with family.

According to the Kings Court Trust, £5.5 trillion will be passed between generations in the next 30 years. Quilter is warning those who do not have a will or have not updated it in the last 10 years to put one in place to ensure inheritance is passed on in accordance with their wishes.

This comes as the research also showed that when gifting money, an important aspect was ensuring the right people in the family receive the money, with three quarters (73%) citing this as important. Ensuring recipients save tax was another key aspect, with just over half of respondents (55%) stating this is important.

The research also found that45% of people have never or won’t speak about pension death benefit nomination, lasting power of attorney or a trust with their family, again leaving their wishes undetermined.

Rachael Griffin, tax and financial planning expert at Quilter, said: “Inheritance is a highly emotive topic for family to discuss, but many are simply hoping for the best and ignoring what is clearly an important subject.

“Everyone has desires for what happens to their money and their possessions when they pass away, so it is vital these are recorded and regularly updated. Not doing so leaves an estate up for challenge, and this will only delay the grieving process for your family members after you die.

“Encouraging conversations about money and inheritance between family members is the major theme that has emerged from this research. The vast majority see the right family members receiving the money as an important aspect of gifting. However, failing to talk about your estate and your wishes with those family members is just adding a layer of risk on to your inheritance.

“It is also important to remember that while a will is a fantastic way of recording your wishes, you must not forget things like pension death benefit nominations and lasting power of attorney. These are also crucial elements in ensuring your affairs are managed in the way that you want them to be following loss of any capabilities or death.

“Having these discussions with family and ensuring documents are kept up to date will ensure that vast sums of money that are due to flow through the generations will do so in the intended way.”

Auction results speak volumes in fight against meningitis

An auction of books left in a legacy has raised over £1,000 to help fight meningitis.

The money will be used to support charity Meningitis Now’s work to defeat meningitis in the UK within a generation.

Trevor Reid, the charity’s Director of Fundraising and Communications, said: “There was nothing particularly remarkable about this collection of books – it was just the random selection each and every one of us might have on our bookshelves at home.

“It is a powerful reminder though that even those who might not be able to support our lifesaving and life-changing work with a cash legacy gift, particularly in these cash straitened times, can still make a difference to our work fighting meningitis.

“A gift of household items, be it books, a painting, ceramics, or other everyday objects, can be just as significant.

“As the many antique programmes we enjoy on our television screens every week demonstrate time and again, any of these may have greater value than is at first realised.”

Trevor continued: “It’s lovely to be able to celebrate gifts to our charity, large and small, and there’s always a story behind every donation.

“And all these gifts mount up and can help us to be here not just today but for future generations affected by meningitis.”

Although most of the books put up for auction raised a small amount, one lot, a collection of JRR Tolkien books, including old editions of The Hobbit and The Lord of the Rings, raised nearly £500.

Trevor added: “They were in far from pristine condition and nor were they first editions, but they clearly had more than just sentimental value to the person who kindly left them to us, as well as the person who bid generously to buy them at auction.”

Gifts in Wills from supporters are a vital way to help Meningitis Now fulfil its vision of a future where no-one in the UK loses their life to meningitis and everyone affected gets the support they need to rebuild their lives.

If you’d like to leave a gift in your will to Meningitis Now or make a donation please see the website https://www.meningitisnow.org/support-us/donate/ways-you-can-donate/

Meningitis Now recommends people consult a solicitor before making or changing a will.

Half of wills in Scotland are out of date

Update Your Will Week (28th March – 3rd April)

Research commissioned by SFE has revealed that almost half (47%) of people living in Scotland who have a will haven’t updated it for more than five years, meaning nearly half of wills made in the area are likely to be out-of-date.

Of those, nearly a third (30%) haven’t updated it for over 7 years, and a fifth (20%) haven’t dusted it off in more than a decade.

Having an up-to-date and well drafted will is crucial in ensuring your wishes are carried out in the way you’d like when you die.

This year, SFE, a membership body representing over 1,600 solicitors specialising in working with older and vulnerable people, has launched “Update Your Will Week” (28th March – 3rd April) in a bid to raise awareness of the importance of updating your will regularly.

Regional SFE Director for Scotland and Head of Personal Law at Gibson Kerr in Edinburgh, Lindsay Maclean recommends that a will be reviewed and updated every five years, or when a major change in your life occurs that impacts you or your loved ones, such as divorce, marriage, a new birth or even death in the family.

SFE’s research has revealed that almost a third (31%) of people in Scotland with a will have had significant changes to their lives and circumstances since they drafted it.

Lindsay Maclean has warned that an unchecked and outdated will could cause severe implications for your loved ones after death – including missed inheritances and higher inheritance tax fees: “Many people assume that once you have drafted a will you don’t ever have to review it, and that your wishes will be carried out as you wish them to be posthumously – but unfortunately, that’s far from true.

“If you remarry, for example, a previous will may remain in place which doesn’t include your spouse. Or if you marry into a family and have stepchildren that you’d like to inherit your assets – this won’t happen automatically unless you stipulate it in a new will.

“All these details are crucial to ensure your assets pass to the beneficiaries of your choice and to try to avoid family disputes – which we know can be very distressing for your loved ones.”

In fact, SFE’s research revealed that:

  • Almost than a third (31%) of people realise stepchildren won’t be included in your will unless you stipulate that separately.
  • 17% of people think you can update your will by making changes on the original document and initialling them.  This may be possible, but a court would need to accept that the changes were validly made by you, and it can leave loved ones having to argue in court.

The findings have also revealed that 52% of people in Scotland don’t have a will in place at all – a worryingly steep figure. Lindsay Maclean has highlighted that one in ten British families (11%) have been caught out by a ‘bad will’ – a will that is out of date or badly drafted – for example missing out on inheritance or their childhood home being sold without their knowledge.

Lindsay Maclean: “It’s great to see that many people living in Scotland have a will in place – but we need to see a higher will uptake, and for those that have a will in place, it’s paramount that they review these regularly.

“I’d strongly recommend that people look for their local SFE accredited solicitor to assist them with their will.”

To find out more, or to find your local SFE accredited solicitor, visit: www.sfe.legal 

Where there’s a will … good news for genealogists

41 million wills can now be searched online 

letter (2)The wills of Charles Dickens, Winston Churchill, Alan Turing and Beatrix Potter are among millions which have been made accessible to the public through a searchable online database.

The government’s archive of 41 million wills dates back to 1858 and will enable people to find out more about their family histories, as well as researching the last wishes of some of the most influential people of the 19th and 20th century.

As a result of the innovative project carried out by HM Courts and Tribunals Service (HMCTS) and storage and information management company Iron Mountain, people will be able to connect to history from the comfort of their own home and look up the wills of people like:

  • mathematician Alan Turing whose life story has been told in the film The Imitation Game
  • Christmas Carol and Oliver Twist author Charles Dickens
  • Prime Minister Sir Winston Churchill
  • Peter Rabbit creator Beatrix Potter

Courts Minister Shailesh Vara said: “This fascinating project provides us with insights into the ordinary and extraordinary people who helped shape this country, and the rest of the world.

It is a fantastic resource not only for family historians but also for anyone with an interest in social history or famous figures. I am delighted that HMCTS are leading the way in innovation and are helping deliver a more modern and efficient public service.”

Victorian novelist Charles Dickens, creator of some of the world’s most well-known fictional characters including Christmas favourite Ebenezer Scrooge, left a handwritten will in an attractive cursive script.

The writer George Orwell, who died in 1950, insisted that all his notes, manuscripts, pamphlets, press cuttings and other documents be preserved; while the economist John Keynes, who died in 1946, wanted most of his personal papers and unpublished manuscripts to be destroyed.

Alan Turing, the mathematician and cryptologist who cracked the Enigma code died of cyanide poisoning in 1954 aged just 41. Turing left a brief will sharing his possessions equally among a cherished group of colleagues and his mother.

The creator of Winnie the Pooh, A. A. Milne, who died in 1956, left a share of future royalties and copyright to his favourite London club and Westminster School, while the creator of Peter Rabbit, Beatrix Potter, left a long and generous will that reflected her passion for natural science and conservation.

Phil Greenwood, Commercial Director at Iron Mountain said: “The completion of this phase of our work with HMCTS marks a significant milestone in a project to help deliver services online.

“The size of the archive is both humbling and impressive. Every will among the 41 million is a precious historical document that can provide remarkable insight into generations of lives lived and lost. The wills offer us a unique glimpse of individuals in their roles as father or mother, friend or colleague. The online availability of the wills is a welcome opportunity for anyone wishing to add detail to their family history.

“It gives the general public, here and overseas, the chance to get closer to their ancestors. The ease of access enabled by technology is matched by careful preservation of the original paper records. These are and will remain in trust for future generations in a secure, temperature-controlled environment.”

The availability of the database of 41 million wills follows the first stage of opening up the archive when soldiers’ wills were made available in 2013.

Since then there have been more than 2 million searches of the site showing people’s considerable interest in family history. The latest phase in the programme means that people can now request a specific will online and receive an electronic copy within 10 working days.

Creating the wills archive is part of ongoing work to transform HMCTS to make it a modern, efficient, digital service which is easy for the public to access.

Members of the public can order scanned copies of the wills for a fee of £10