Wills and Trusts Must be Correctly Drawn Up

Published on Wednesday 21st December 2011 by Dan Holloway in Professional Indemnity

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An expert in the legal world has urged that wills and trusts be correctly drawn up using professionals who are backed by professional indemnity insurance. The recommendation comes after a wealthy West Country family were embroiled in a legal battle over a 17th Century Jacobean manor house.

Goldsmith Williams’ head of wills, Linda Cummins, revealed that problems with documents were often a common problem because families were not provided with a legally binding contract. If trusts or wills are not adequately drawn up, there may be questions over just who is entitled to estate valuables. In the case of the manor house, the St John Webster’s are caught in a battle, with Rupert St John Webster arguing that his grandparents always meant to give him the property. However, an uncle and two aunts dispute Rupert’s views, saying that their parents had intended upon sharing the home jointly.

Ms Cummins revealed “Disagreements over estates, whatever their size, can spiral out of control as people lose sight of the bigger picture and pursue their issue as a point of principle. When this occurs, people are all too often prepared to go to court, which frequently ends up with the estate being eroded by legal fees.”

With anyone able to provide services as a will writer, and the industry not regulated, Ms Cummins urged people to utilise the services of legal professionals. With years of training and with solicitors backed by professional indemnity insurance, should anything untoward occur individuals could then have peace of mind that their will is a legally binding document.

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