Some years ago, I met with a gentleman who was to be the sole beneficiary under his Aunt’s Will.
He was the unofficial carer you see, supporting her through her various challenges, both in life and in health. He arranged for all her needs to be met, and he was very much the favourite nephew.
When, following his Aunt’s death, my client attended my office to discuss his Aunt’s estate, all appeared to him to be very straightforward.
She had a Will in England, where most of her assets were, giving a big majority to my client. She also had a Will in Ireland, again, giving her more modest assets there, to my client.
Some of you have been reading my articles over the years, may be able to anticipate what’s coming next.
Yes, the English Will was a beautiful, simple Will. So old that it had been sewn by one of those long extinct legal secretaries with that very specific skill. A good solid, robust Will, that any professional would be proud of.
The later, Irish Will, was similarly simple, but it was after the English Will, and it did not restrict itself to Irish assets, or say for the avoidance of any doubt, that it should not revoke / cancel the English Will that predated it.
Yes, you’ve got it. The Irish Will mistakenly cancelled the English Will, which meant that the Intestacy Rules applied, and the English estate was divided equally between all nieces and nephews, rather than the one nephew who had supported, cared for, and had a profoundly close relationship with his Aunt.
I explained this as sensitively but clearly as possible.
My client stepped out of our meeting room to visit the little boy’s room.
When he returned, he looked ashen. Shaken, even. There was a lot at stake here, and for him, the money would have been life changing, not because it was a fortune, but because his own financial assets were relatively modest. He had prioritised a caring role, over profitable work.
I knew what he was thinking, because the human in me was thinking it as well. That’s when I said the words “If this were a movie, you’d lose that Will.”
There was a pause, and then we both smiled. There was no question about what would happen. This man is respected in society. He is a good man. An honest man. It was dreadfully disappointing to see the effects of not having received good advice.
I feel it’s no bad thing, if I can sense what my client is thinking, to tell them the answer.
So, yes, if that had been a movie, the Irish Will that cancelled the English one, would surely have been “lost.” Also, someone is likely to have gone to prison.
If you have a difficult situation that you’d like to hear an alternative perspective on, or you can’t quite believe that a seemingly immoral outcome is what the law is going to dictate, then please get in touch to talk it through.
I’m happy to chat through anything to do with Wills, Lasting Powers of Attorney (LPAs) and Probate, even Contentious Probate, and our initial chat is always free. My office line is 01727 840 240 and my email is Jane@jcwillsandprobate.co.uk and I’m here to serve.