Wills, trusts and probate news

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Legal technicality 'renders man's will useless'

01 June 2009



A minor legal technicality has left a man's family without a home or the inheritance he intended them to have, the Daily Telegraph has revealed. Mark Butler signed his will just two days before passing away, leaving a £1.5 million home in Nottingham and 45 per cent of his corporate hospitality business to his wife Taryn.

However, with only one signature on his will, this meant that Mr Butler's wishes could not be honoured as the signing had to be witnessed by two people. His wife is now due to inherit only the first £125,000 of the estate and is not tax-exempt as she would have been if she had inherited as Mr Butler planned.

The 42-year-old has now entered into a so-called legal nightmare and has been forced to instigate an imaginary divorce from her deceased husband to ascertain what she is entitled to. It may also involve her depriving her young children of some of what they would have inherited from their father.

Camilla James, associate in the private client practice group, commented:

"The sad circumstances of this case highlight many of the reasons why all of us, regardless of age, should prepare wills and ensure that those wills do in fact give effect to our wishes to avoid unnecessary heartache and tax liabilities for those left behind. The advisability of having professional drawn wills, sadly, could not be better highlighted."

If you would like to speak to one of B P Collins' private client experts, please call 01753 279059, complete the online enquiry form or email privateclient@bpcollins.co.uk.

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