Jeffrey Avery & Associates specialists in all matters concerning valuations for probate bring you the latest IHT news……….
Wills are very important because they can help the deceased person’s wishes to be carried out as they intended when they pass away so that their estate is divided up appropriately.
However, sometimes things go wrong even when the person making the will has the best intentions, as was the case in a recent situation reported in Metro.
Terry Marley recently went to the Appeal Court in order to try and rectify a mistake made in the wills of his adoptive parents which meant that he could not inherit their estate.
Mr Marley was unofficially adopted by the Rawlings when he was 15 years old, and he lived with them and cared for them until they both died. Their wish was for him to inherit their estate rather than their two biological sons, and they both made wills expressing exactly that.
However, when they made their wills there was a mixup and they ended up signing each other’s wills instead of signing their own, which made them invalid.
The mistake was only realised when Mr Rawlings died three years after his wife, and Mr Marley discovered that he was not going to inherit the estate despite their clear wishes for him to do so.
He took the case to court, and it recently went to the Appeal Court, but Lady Justice Black said that the court did not have to power to amend the mistake. This was despite the fact that it was clear that he was the intended beneficiary of the estate.
Now the two biological sons are set to inherit the £70,000 estate, and Mr Marley is left having to pay the court costs of £25,000, which could rise even higher.
This case highlights just how important it is to ensure that not only do you have a will, but that the will is correct and legally binding to prevent such problems from occurring.
For information and advice concerning all matters relating to valuations for probate call Jeffrey Avery on 0800 567 7769
