Leading charities have missed out on approximately a £1 million donation following a mistake made when a Will was signed and witnessed. The error saw the charities lose out and the director of the Will-writing service received half of the estate.
The issue relates to Rosemary Hill, a retired doctor, who had intended to draft a new Will before her death. The intended changes meant charities such as the Médecins Sans Frontières, Royal National Lifeboat Institution, Dogs Trust, and Battersea Dogs & Cats Home, would receive a share of her estate.
An error in witnessing her signature resulted in the charities being excluded and the estate going to one of her goddaughters, who happened to be a director of the Will writing company.
Background
The first Will was drafted in 2014 and left her estate to her two goddaughters. Around 4 years later she decided to make changes to her Will in respect of who would inherit from her estate. The new Will left £51,000 to friends and her godchildren and the remainder to four different charities.
When it came to signing the Will, Hill was visited at her home to sign the Will. Penry, a friend of Hill witnessed the Will. Penry then took the documents back to the office where a member of staff signed without Hill. The Will being witnessed at a later time without Hill being present, resulted in the Will being invalid.
Hill died shortly after signing her new Will. Due to the error in the signing of her new Will, probate was granted in favour of the 2014 Will, meaning all of the charities listed in the Will made 4 years later missed out.
It is reported that the charities have filed legal claims against the company for professional negligence. The current position of the claims is unknown.
Comment
When it comes to signing a Will, it is crucial that the correct procedure is followed. Our earlier blog, sets out the process that should be followed. Where a Will is not signed and witnessed in the correct way, it can result in a Will dispute arising and lengthy legal proceedings taking place, to deal with will and the estate.
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Faye Henderson is an Associate in our expert Dispute Resolution team, specialising in inheritance and Court of Protection disputes.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Faye or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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