Our firm’s trust corporation is one of the trustees of a discretionary trust set up by the settlor, i.e. the person who set up the trust during her lifetime, in favour of her adult children.
A case study demonstrating how we can assist Executors to administer the estate when faced with belligerent beneficiaries.
Our client was the widow of the Deceased. The fact of our client’s marriage to the Deceased had the unintended result of invalidating his Will.
In order to obtain a grant of probate, the deceased’s original will must be lodged at the Probate Registry alongside the probate application. There are occasions when the original will is not available which adds an additional layer of complexity.
We had to carefully consider what the deceased’s worldwide assets comprised of and in particular what would pass under the intestacy rules of England and Wales an advise accordingly.
We advised an adult child of the deceased who had been inadvertently excluded from her father’s will.
We recently acted for the wife of a deceased who died in 2012. His last will was signed shortly before his death, and left his entire estate to his wife, our client. The executors of the deceased’s estate were our client, their son and a close family friend.
We represented a client who had prepared a homemade mirror will with his partner, i.e. they left everything to the survivor when the first partner passed away. They had a long period of cohabiting but never married. However, the female was diagnosed with terminal cancer and the couple, who were in their later life, decided to marry to enjoy the end of their lives as husband and wife. What they were not aware of was the fact that marriage revokes a will. Had the wills been drafted by a solicitor or will-writer, they would have been advised of this and could have then made new mirror wills upon their marriage.
We acted for a lady whose partner died following a short illness. They owned a property together and had been in a relationship spanning 20 years. The couple had never married and always believed that their estates would pass to each other regardless. However, the concept of “common law marriage” is a myth.