The Will of Unintended Consequences

Can You Make a Will?

“Can you make a Will for my friend Brian?” Asked his best friend Ally  “Yes”

“Can you make it soon?  He’s ill” 

“Yes I but will need a letter from his Doctor saying he has ‘capability to make the Will he wishes to make. Meaning he has mental capacity.”

“Yes, no problem, we will have it done by tomorrow.”

So on Thursday I went to Brian’s house to prepare his Will. Brian, not his real name, was not well. He was connected to an oxygen tank and had very shallow breathing. The letter from his Doctor confirmed he had the necessary mental capacity to make a Will.

We managed, carefully,  to complete his instructions. Giving everything to his niece Michelle. That’s everything. And Nothing to his only surviving relative, his sister Anne.

I went home, it was 6.30pm determined to prepare the Will first thing next day.

I had a bad feeling and at 9.30am, this was confirmed. Brian died in his sleep. I was the last person to see him alive. You don’t forget things like that.

But, but, but. He had died before I could prepare and him sign the Will he wished to make. Meaning he died intestate; Without a Will

In these, all too common, circumstances the rules of inheritance follow the Intestacy Provisions. A set of rules that govern the order of inheritance where someone dies without leaving a Will

In Brain’s case, he wasn’t married. He had no children. Mum and Dad were dead and his next surviving relative (following the rules) was. ………Ta Dah………… His sister, whom his in his last conversation before his death, with me, was to make sure she had NOTHING from his Estate; House and Pension and Life Insurance ( think decent cash here)

So the process began of managing (getting in all the assets)  and distributing Brain’s Intestate Estate. Giving all of his money to his sister who he had expressly sought to exclude from his Will. True story.

You can avoid this. Ask Paul Darnborough Legal to prepare your Will. We are flexible; happy to  attend you at evening or weekends. Happy to make home visits. Happy to attend to the detail and fine tuning of your wishes. Happy to make any amendments you may require.

Contact paul@darnborough legal or ring 0161 241 2734 if you need our services.