Cheap wills could turn out to be very expensive!

At the start of 2015 The Law Society launched its ‘Use a Professional’ campaign.  “Well, they would say that”, you might argue, but the growth of unregulated and DIY legal services means that more and more people are being exposed to non-professional advice and potentially serious and costly consequences.

Only recently Liverpool Crown Court found businessman, Sam Eaton, guilty after he led local pensioners into buying badly drafted wills.  Such problems are seldom discovered by the person making the will; it is usually their loved ones that have to deal with the fall-out, such as in the case of Mr Aregbesola.

In 2007, Mr Aregbesola wrote a £90 will with a high street bank.  In the will he stated that he wanted half of his London home to go to his daughter.  However, the property was owned jointly by Mr Aregbesola and his wife, who was not the mother of his daughter, and when he died the entire property went to her.  For his will to be valid, the joint tenancy agreement should have been severed – a matter on which the bank should have advised at the time the will was made.  Mr Aregbesola’s daughter is pursuing a claim in the High Court for hundreds of thousands of pounds compensation against the bank. 

The case shows that seemingly simple instructions can be fraught with difficulty. As well as being able to provide professional advice on the drafting of wills, we also have a specialist team that deals with inheritance disputes. So, if you do find yourself left in a legal mess following the death of a loved one, we are able to help. Indeed, as well as being able to advise on the way to resolve disputes that arise in such situations, we can also help you take action against those that drafted the will, who may have acted negligently in the preparation of the document, ensuring that you and your family suffer no loss from their actions.

To find out more about inheritance disputes, contact Amanda Smallcombe on 01206 217395 or email amanda.smallcombe@birkettlong.co.uk.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.