The importance of having a correctly drafted Will

Victoria Motley
Victoria Motley

Published: March 16th, 2021

7 min read

The recent case of Davey v Bailey highlights how important it is to have a properly drawn up Will.

Mr and Mrs Bailey were a married couple with no children. They had made Wills leaving everything to each other but had failed to set out what they wanted to happen after they had both died. Tragically, Mrs Bailey died in January 2019 and then her husband in May 2019, before he could make a new Will. As his Will did not say what should happen, the law of intestacy states that his relatives inherit, and his wife's relatives will receive nothing. This was clearly not what the couple had intended as they were close to both families.

Whilst there is the opportunity for the various relatives to sort it out between them, it does highlight the need to have a Will that covers all eventualities. Many of us assume that there will be time or opportunity to make or amend a Will, and this is not always the case.

Making a Will in good time and with a solicitor gives you the opportunity to discuss the various alternative scenarios and to make sure that your Will plans for all eventualities.

To prevent legal problems further down the line it is advised that you approach a solicitor to draft your Will. By appointing a solicitor to draft your Will, you can be safe in the knowledge that all solicitors are regulated by the Solicitors Regulation Authority (SRA) to ensure work is being done to a high standard. Trying to save costs by going through a non-regulated Will writing company could result in issues and further costs down the line.

A number of our solicitors are SFE accredited and members of Society of Trust and Estate Practitioners (STEP).

If you have recently had a change in circumstances for example following a divorce, separation or remarriage, it is important to update your Will. There are a number of things you need to consider when drafting a Will.

Our dedicated Wills team are offering initial consultations by telephone, skype and Facetime to assist with Wills and Lasting Powers of Attorney. If you would like to call a member of the team to discuss in detail please contact the team on 01772 220 022. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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