Invalid Wills

The Price of an Invalid Will:

Two recent cases in the press have highlighted the importance of a properly drafted and executed Will. Instructing a solicitor to draft your Will may seem expensive, however an invalid Will can also prove to be pretty costly.

Margaret Baverstock was so unwell when she signed her Will in 2021 that she ‘could barely flicker an eyelid’ Judge Evans-Gordon noted when Margaret’s son, John, contested the home-made Will drafted by his sister, Lisa. He challenged the Will, that appointed Lisa as the sole executor and beneficiary, on the basis of a video provided by Lisa which showed her manipulating her mother’s hand to sign the Will. The Judge ruled that Margaret lacked the necessary testamentary capacity and ruled the Will invalid. As a result, the estate is to be split equally between John and Lisa, with Lisa bearing her brother’s legal costs amounting to a cool £80,000.00.

In another case, “Legal Love Letters” were instructed to draft a new Will for Dr Rosemary Hill just days before she died. The Will gave bequests to numerous charities.  The Will however was unfortunately deemed invalid as only one witness was present when Dr Hill signed her Will at home.  The charities that lost out on the bequests are now taking legal action against this unregulated Will drafting business.

One way you can ensure that a Will is valid and has been drafted correctly and as per your wishes is by instructing a solicitor to draft and witness the same. Home visits are often available if you or a relative would like help in making your Will. Please contact the team at Wrigley Claydon who will be happy to help.  Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 option 3.