UK:
Unusual Legacy To Mourners
25 June 2019
Hewitsons LLP
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An unusual request highlights the importance of obtaining
professional advice when drafting Wills. The gentleman concerned is
not our client and is still alive.
On first consideration, Mr X's generous decision to leave
one third of his estate equally among everyone who attends his
funeral sounds a wonderful surprise for them. However, such a
clause could fail for uncertainty.
Mr X's request as worded by him has many uncertainties,
which could cause it to be invalid, such as:-
- Would the vicar or funeral directors
be entitled to a share?
- What if an individual arrives late to
the funeral or leaves early?
- Is 'funeral' the church
service? or the interment? or funeral tea?
- What if illness, or snow, prevents
attendance?
- How will attendance be recorded (i.e.
must they sign the Condolences Book and add their address)?
There is a solution: a discretionary trust in the Will would
build in the flexibility needed to make his Will more certain and
practical to administer.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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