Avoiding the worst legacy of all

According to public record the number of High Court cases involving disputes over wills has risen by 45%.

The latest figures from the High Court Chancery Division show 106 contentious probate actions were heard in 2008-09, compared to just 73 in 2006-07.

And, the actual number of legal disputes concerning wills is likely to be far higher as only a small percentage of cases end up in the courts with most settled before they reach that stage.

The most common forms of inheritance disputes involve challenges to the validity of a will, for example, where undue influence or forgery is suspected.

The Wills Act 1837 provides that a Will must normally be in written form, satisfy strict requirements and are signed in a specific way.

We offer a unique service which compliments a written Will.

Why?

Remember that a Will is a purely functional document.

Its sole purpose is to appoint people to do certain things (like Guardians and Executors) and it disposes of your assets.

This document is likely to become a public document one day and so the expression of personal sentiments or wishes about certain things should not really be expressed in the Will.

The Vital Testimony is your solution if you are concerned that:-

ü      a disappointed beneficiary questioning your capacity to make a Will,

ü      someone suggesting that you made the Will under pressure,

ü      disputes between members of your family,

ü      sibling rivalry,

ü      the future care and education of your children,

ü      giving directions to your child’s guardian,

ü      explaining why you have not made greater provision for one person.

Disputes over the terms of Wills are becoming more commonplace.  It is our view that the worst legacy anyone can leave is ‘uncertainty’.  If a dispute arises over your Will, the only real winners are the Solicitors and Barristers.

Recently a client told us of a case in their family where a person died worth £365,000. A dispute arose and three sets of Solicitors represented the three parties concerned.  Nearly three years after the death, a settlement was reached dividing the estate three ways (what the deceased wanted).

The legal bill was £65,000…….per party – yes that’s right £195,000 in total.

In such cases the Court always considers what the deceased wanted to achieve.

The Court always knows that its best witness is the person who made the Will.

As that person has died, the only witness statement it has to rely on is the Will and because most Wills are purely functional documents they rarely express wishes and sentiments that explain reasons behind the distribution of the estate.

The Vital Testimony is your chance to have your say.

It is your chance to explain:-

ü      your rationale behind the distribution of your estate.

ü      why you have given a greater share to one child over another.

ü      why family heir looms have passed to certain people.

ü      your hopes for the future of your children,

ü      your wishes for the distribution of funds out of any trust you create.

The Vital Testimony is made under strict and controlled conditions.

Ideally it should be filmed in the presence of the same witnesses you signed your Will.

Once filmed, a DVD is created and shown to you and your witnesses.

We then arrange for you and the witnesses to swear to an affidavit as to the accuracy of the recording and the circumstances under which it is made.

The cost of The Vital Testimony is fixed at £765.00 including VAT and the Solicitor’s fees.

Contact us about The Vial Testimony