How to Avoid This Simple Issue with Your Will

The absence of a few simple words can turn the administration of your estate from a straightforward matter to a complex and consequently costly one. 

Whilst having a Will in place can certainly make things easier for those close to you, once you have passed on the mere fact of the Will existing is not necessarily enough. It is important to make sure that the Will has been properly drafted to ensure that the clauses contained take effect as and when you would wish them to do so. 

Consider the following scenario:

A client, Mr A, is the executor of his mother Mrs T’s estate. The client’s father, Mr T, predeceased his wife. Mr T left a Will which appointed Mrs T as the sole executrix and beneficiary for his estate. 

Whilst Mr T’s Will did make provision for substitute beneficiaries and executors, that provision only took effect if Mrs T died within 28 days of Mr T’s death. 

As Mrs T outlived her husband by a time well in excess of the 28 days, she inherited his estate and would have been entitled to apply for the Grant of Probate. Unfortunately, Mrs T then passed away before she was able to apply for the Grant. 

Due to Mr T’s Will stating that the substitute arrangements would only take effect in the event that his wife did not survive him for 28 days, there was then no named person in Mr T’s Will who can apply for the Grant of Probate. 

Had a few additional words been included in Mr T’s Will to widen the scope of the appointment of substitute executors, the issue would have been avoided. 

For further information on making a will and the administration of estates, please contact our Practice Development Manager, Richard on 01925 263273 or rbruce@fionabruce.co.uk

The contents of this article do not constitute legal advice and are provided for general information purposes only.