As the saying goes – ‘the devil is in the detail’ – and in our presentation at the recent SWW Annual Conference, we explored some of the key fundamentals of will drafting to help minimise the chance of a dispute in the future.
Through a case study, played out by our ACTAPS members, partners Mark Abrol and Mark Terrar, and Senior Associate, Emma-Louise Green, we highlighted the importance of capturing and filing information, asking the right questions about an estate, gaining a clear understanding of a ‘family tree’ and choice of executors and formally recording a client’s estate assets and liabilities.
Attendance notes related to discussions on the execution process and the Inheritance (Provision for Family and Dependents) Act 1975 were identified as essential, together with details of the dynamics of the relationships between executors and beneficiaries.
And whilst maintaining a comprehensive will file is critical for due diligence, the resulting drafted Will must also allow no room for subjectivity or uncertainty. Complying with best practice helps to ensure that the Wills that are ultimately executed are as robust- and safe -from challenge as possible.
