Rhiwbina Living Issue 50

Although it is not a pleasant thing to think about, it
is important to ensure you have a properly
prepared Will in place. Having a professionally
drafted Will in place provides peace of mind that
your estate should be dealt with in accordance with
your wishes and is likely to make the process far
easier for those you leave behind when you die.
With recent events making many of us anxious and
uncertain about the future, lawyers have seen a sharp
increase in the number of people wanting to put their
affairs in order over the last few months.
Laura Selby, Head of Wills & Probate at Harding Evans
Solicitors, explains why it is so important to plan for the future
to avoid any unnecessary complications further down the line.
Yet, there are reports that surprisingly around
60 per cent of the adult UK population do not
have a Will, which effectively means they will be
allowing ancient laws to determine who receives
their estate.
Making a Will is often not the long, complicated and
expensive process that people often imagine it to
be. Many people have put it off during lockdown,
thinking it would not be possible while social
distancing. At Harding Evans, in accordance with
Government guidelines, we have been operating
throughout lockdown. Our offices are now open to
the public with measures in place to reduce the risk
of spreading the virus.
If you are currently unable to leave your property,
we also offer telephone appointments, video calls
and witnessing of Wills, even via your front window
if required! There are strict rules regarding the
witnessing of Wills to ensure they are executed
properly.
Unfortunately, challenges to Wills appear to be on
the rise, so it is more important than ever to obtain
legal advice when preparing your Will, to avoid
lengthy and costly disputes after your death.
As we can see from the recent case of Clitheroe v
Bond [2020] EWHC 1185 (Ch), not only is it
important to ensure the Will is validly executed, but
it is also important to prove you have full mental
capacity.
In this case, the daughter of the deceased
succeeded in establishing that two Wills made by
her late mother in 2010 and 2013 were both invalid.
The Court found that, following the death of her
other daughter, the mother had been suffering from
a complex grief disorder that impaired her capacity
to make a Will. While she had cognitive function and
was intellectually sound, it was found that she had
experienced “insane delusions” that “poisoned her
mind” against the daughter she excluded from her
Will, causing her to make allegations for which there
was no rational basis. In circumstances where there
could be any doubt as to a person’s mental capacity,
we recommend obtaining a medical report.
Most commonly, when clients show some form of
memory loss, possibly as a result of dementia, this
makes us consider their capacity and we will give the
most appropriate advice. The case of Clitheroe v
Bond is a firm reminder that other health conditions
may exist which may not give rise to memory loss
but could still mean that they may be lacking
capacity. It is recommended to keep records of the
will instructions taken; these records may also help
to protect your estate in the event of a challenge.
If you would like assistance with preparing your Will, please call our
experienced and friendly team to find out how we can help you.
Call us on 02922 676818
Email us at info@hevans.com