We are acting in a matter where the willmaker:
- Had made a specific gift of an investment in a particular bank to his sons in a will he created some years before his death;
- Had been receiving chemotherapy for some time prior to his death;
- Very close to his passing made a written list of things he wanted in a new will but did not sign it;
- Was unable to give instructions about what he wanted to a solicitor who was called to his hospital bed, mainly because the willmaker hadn’t realised the seriousness of his final illness or how quickly it would affect him.
The Supreme Court granted probate of the will made some years before his death and did not consider that the written list or the solicitor’s notes or the draft will drawn by the solicitor amounted to a new will.
The gift to the sons failed because the willmaker had cashed out the investment before his death and his funds were held with another bank. This meant the sons received nothing.
This has incurred a greatly inflated cost and, more importantly, a lot of emotional upheaval for the willmaker’s family.
This, in our view, is a good reminder of the responsibility we have to our families to keep our will up to date and relevant.
If you need to update your will or don’t yet have one, contact the friendly team at Greenhalgh Pickard today. We will explain every step in detail to ensure you understand the process and make sure your wishes are carried out as you intend them to.
Peter Griffin