Getting Wills Right
Family Relationship issues can be problematic in the wills space. Providing will instructions is not the time for will makers to be coy about the real nature of their relationships. Is the “friend” actually a partner? Has the relationship with their former de jure spouse been dissolved? What is really meant by “my nephews”? What are the repercussions of getting things wrong, and are they really understood by the client?
Blended families create real issues for will makers and drafters. If it is an all to spouse will, what does that mean if the survivor doesn’t make provision for them when their turn comes? Are they left out in the cold due to time limits on Family Protection Act claims? Life interests can assist in balancing competing claims of children vs. spouse, but what issues can they cause? What about Occupational Rights Agreements and Licences to Occupy - how can they be addressed in wills and is that enough?
With the focus away from other asset planning devices such as trusts, it is more important than ever before to focus on the value add of a good, fit for purpose will. Our client’s lives and relationships are becoming more complex, and there are fewer who need simple wills. Practitioners really need to know their stuff in the complex wills arena, and family relationship issues are some of the more difficult issues for will makers and drafters.
It is the advisory aspects in this space that are the real value add; the “whys” to your clients about the potential consequences of getting it wrong.
Its important not to be that guy #thankgoodnessthatsnotmywill.
This session concentrates on the family relationships aspects of will drafting and will bring to life the session by reference to real situations and provide practical tools such as suggested clauses, draft acknowledgements and checklists.
All those who practice in the wills and estates space will get something from this session, intended to enhance their practice in wills advice and drafting.
This session will be of interest to all who deal with wills. It is suitable for Lawyers and Legal Executives of all levels of experience whose scope of practice includes wills and estates, it will provide a wealth of information for new practitioners but will also be enjoyed by those who are experienced in this space.
Theresa Donnelly, Legal Services Manager, Perpetual Guardian.
Henry Stokes, General Counsel, Perpetual Guardian.
1.25 CPD Hours