I want to leave all estate to charities!
Our Will and Probate lawyers or Will and Probate barristers will be able to offer advice. Much like a solicitor, a Will and Probate barrister will be able to walk you through your options. In order for a will to be executed, this will require a Will to be prepared within the law and written and motorised.
Can I be left out of the will? What Can I do?
In 2002, Mrs Jackson wrote a will. She planned for her assets be given to her chosen charities: BBC Benevolent Fund, RSPCA and Blue Cross. Mrs Jackson’s daughter who married at the age of 17 against her will. Mrs Jackson informed her daughter she will not be inheriting anything from her. Mrs Jackson died a couple of years later.
Her Will. Her last testament. Her estate of £489,000 will be given to the chosen charities. Mrs Jackson’s daughter sought legal advice. The daughter’s lawyer argued. The right for a ‘reasonable provision’ contained in the 1975 Inheritance Act. This allows a child to apply for an order under the will of the deceased if it does not reasonably provide for them.
The daughter’s lawyer outlined section 1 (2) of the act provides the case of a child ‘reasonable financial provision’. This means ‘such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for their maintenance. The judge (at the Court of Appeal) awarded the daughter the sum of £164,000. To help her buy a housing association home and another £20,000 for her to spend at her own behest.
The QC who was representing the daughter’s interest provided evidence for the struggling family. The family struggled to pay for clothes and food. She and her partner were on low incomes. They did not have expensive lifestyles. Further evidence demonstrated that Mrs Jackson did not have any involvement with these charities she elected. The behaviour was unreasonable.
The Will is the last testament. It seems unreasonable it was not fulfilled. However, after this decision at the Court of Appeal. It demonstrates that the Law is here to be just. If a person’s will can not clearly demonstrate the purpose for disinheritance of the progeny. The Law which aims to be just will be able to support the argument of the affected parties. A will can be prepared to stand the test of time. A Will and Probate Lawyer or Will and Probate Barrister can prepare a Will.
Experienced lawyers will be able to advise you on the options when creating a will. When deciding to write your will it is important your last statement be valid to the law. Our lawyers will be able to guide you through each stage to give you that comfort.