When researching for this article, Anne Forrester, Legal Executive at Jackson Lees, came across a rather unusual Will. Here she shares her thoughts on why the poet Lord William Ruffell Esq was wrong about his views on solicitors.

Wirral Globe: Anne Forrester, Legal Executive at Jackson LeesAnne Forrester, Legal Executive at Jackson Lees

The first part of Lord William Ruffell Esq’s Will from 1803 reads as follows:-

“I make this my last will as I think ‘tis quite time; It conveys all I wish, though ‘tis written in rhyme; To employ an attorney I was ne’er inclin’d; They are pests to society, sharks of mankind. To avoid that base tribe my own will I now draw; May I ever escape coming under their paw…”

Broadly speaking, this is not a sentiment we would recommend, particularly as writing your own Will is fraught with potential disasters. The reality is that your wishes may not actually be recorded in a way that can be followed by the people trying to look after your affairs once you have died. 

Some of the most common mistakes that we come across when family members present us with a homemade Will (whether using one of the commercially available packs or just written on the back of an envelope) are:-

  • Forgetting to appoint executors

The people who would then administer your estate then might not be the ones you would have chosen.

  • Appointing inappropriate executors

I have seen people being appointed who would be unable or unwilling to deal with the administration of the estate.

  • Not appointing guardians for any children

This can lead to a family fall out if several family members believe they should be guardians for the children or, alternatively, if none of the family want to take the children.

  • Gifts being given to more than one person

A Will might state “I leave everything to Ben Turner,” and then still give various gifts to other family, friends and/or charities. The reality is that a Will written like this would mean that everything has already been given to Ben.

  • Only leaving gifts to specific people 

This is known as a ‘partial intestacy’. A couple of common errors of this type are only leaving the house or bank accounts to specific people and forgetting that there are always other assets, so the residue of an estate also has to be taken into account.

  • Undated Will 

This error can be overcome if everything else is in order, but it does make the administration of the estate more complicated – and therefore more expensive as well.

  • Unsigned Will 

If the Will is not signed, we cannot use it at all.

  • Unwitnessed Will 

If the signature of the executor of the Will has not been witnessed by two independent adults, then the Will is not valid. The witnesses must be people who are not named in the Will nor the spouse or civil partner of a person named in the Will – in this case the rest of the Will would stand (providing everything else was in order) but the person named in the Will would not receive their gift.

  • Random handwritten notes or amendments made to the Will after it has been signed and witnessed.

This, of course, is not an exhaustive list and I do not know the content of Lord William Russell Esq’s Will so cannot comment as to whether his Will was validly signed and witnessed, his executors were appropriate, gifts and residue all accurately recorded making his estate easy for his executors to administer – what I can tell you though is he was a solicitor himself!

I would always recommend taking the word of a solicitor or lawyer when it comes to drafting up your Will, and my team and I are on hand to help you know where you stand.

If you would like to talk to one of our empathetic specialist advisers, you can call us free on 0808 302 3464 (also free to call from mobiles) or email enquiry@jacksonlees.co.uk. Alternatively, visit our website www.jacksonlees.co.uk

A Flexible Service

At Jackson Lees we understand that one of the most important things that we can do is plan our own futures to ensure that we protect the futures of those we love after we are gone. We will provide you with expert, professional and sensitive legal advice, helping you deal with a wide range of matters including; writing your Will, dealing with Probate, Inheritance Tax Planning, setting up Trusts and their administration, and making a Lasting Power of Attorney.

What Jackson Lees can do for you…

  • We offer free half-hour appointments for anyone who wishes to find out more about our services
  • Three local offices to choose from:
    • Hoylake 0151 909 3204,
    • Heswall 0151 909 3201,
    • Liverpool 0151 909 3147
  • We also offer assistance if you are in a dispute regarding inheritance
  • We offer free safe storage of any Will
  • We can register your Will on Certainty’s national Wills database

Let Jackson Lees make things a little easier for you and your family.  Contact our Wills, Trusts & Probate team to book an appointment or to chat through your requirements.  Call us free from either a mobile or landline on 0808 302 3464.