Why make a Will? 

A Will gives you the reassurance that you have made provision for your estate to pass to the beneficiaries of your choice.  Many people fail to leave a Will and sometimes assume that their nearest and dearest will automatically inherit “everything” anyway – but that is not necessarily the case.

If there is no Will, the law imposes rules of entitlement based on marriage or formal civil partnership and/or blood relationship.  It does not mean that your partner will benefit if you are not married or have not entered into a Civil Partnership. 

I myself was involved in a case some years ago when the deceased’s partner of over 30 years had to bring Court proceedings to prevent inheritance by a large number of distant blood relatives under those rules.  The deceased intended to make a Will but simply didn’t get round to it and had also (wrongly) assumed that his long standing partner would automatically be entitled to his estate, including the modest home they had shared.

The existence of distant relatives had been unknown but they had been traced by investigators working in this field whose business it is to trace the relatives of those who die without leaving a Will in return for a commission based on a percentage of the inheritance such relatives receive.

The situation not only led to considerable legal expense which would have been avoided had there been a Will but it also caused considerable anxiety to the surviving partner at a distressing and vulnerable time.

Family relationships change and a second marriage is not unusual.  A Will can contain terms which ensure that children of a former marriage receive some benefit in the long term without causing financial hardship or difficulty to a surviving second spouse.

I could go on……………..

Why make one now?

We often put off making a Will: we hope and expect to have plenty of time to do so but none of us has a guarantee of that.  At least, once made, you have the reassurance of knowing that you have provided for the unexpected and you can get on with enjoying life.

Please remember however that you should review your Will on a regular basis (every five years or so at least) or whenever there is any major change in your or your family’s  circumstances.  Did you know for example that a previous Will is revoked automatically on marriage: even if you marry the very person named as your beneficiary (unless special circumstances apply and appropriate wording used to avoid such a consequence).

So, if your wishes or circumstances have changed it is important you do not delay in seeking  advice.

Why come to us?

Broomhead & Saul have been drafting Wills to suit our clients’ individual circumstances since the firm’s foundation over 100 years ago – though I hasten to add that the Solicitors now here have not been with the firm that long!

We are experienced professionals.  A Solicitor’s training is wide ranging and rigorous.  We do not simply translate your wishes into a valid legal document but can advise you on any related matters such as the potential Inheritance Tax consequences or perhaps the need to protect assets from claims by others which may be made against the intended beneficiaries, particularly if they encounter financial or personal difficulties of their own in the future.  Sometimes clients need to be made aware of  possible pitfalls they have not considered.

We also comply with the required professional standards imposed by the Solicitors Regulation Authority.  This does not apply to other Will writers who are not Solicitors.  Once qualified we have to meet the Authority’s stringent requirements every year in order to renew our right to practice as Solicitors.  We are also required to provide Professional Indemnity Insurance which unregulated Will writers do not have to provide.

I sincerely hope that you never need to resort to seeking redress from either source as we aim to provide you with the best possible service but you at least have the reassurance that it is available to you.

You may have seen recent newspaper articles regarding confidential papers and even Wills themselves being dumped on the pavement when a Will writing Company has gone out of business.  Our  professional obligations and this firm’s paramount focus is to  act in our clients’ best interests and we would ensure no such disaster would occur to important documents relating to or belonging to our clients. 

An additional benefit is that we offer to safely store your Will and any other important documents such as the deeds to your property without imposing an annual charge.  Clients’ Wills (and deeds) are  stored at our offices so they are accessible at short notice.

Remember your Will is one of the most important documents you will ever make.  It is essential to get it right: not only so as to comply with your wishes and suit your individual circumstances but also to satisfy the strict legal requirements necessary for a valid Will.

Making a Will with us could prevent significant legal costs and delay in dealing with your estate and distress to your family in the long term.  Don’t leave it to chance!

Julia Clegg
Partner
Private Client Department
Based at the Taunton Office.

If you would like to discuss making or changing your Will, please contact us free of charge for further information:

Taunton Office – 01823 288 121
 Ilminster Office – 01460 570 56

Both the Ilminster and Taunton offices will be supporting Will Aid in November where legal fees for making a simple Will are waived in favour of a donation to nominated Will Aid charities.

Also in November a warm welcome will await you as the Ilminster office opens its doors for the town’s Victorian evening.  The office also remains the contact point for the Ilminster Senior Citizens’ Christmas Lunch tickets which will be available later on in November.

St Margaret’s Hospice provides palliative care in Somerset and is reliant upon donations to maintain their vital services for local people with life limiting illnesses. 

We are proud to be one of the firms partaking in their Make a Will Week from the 12th to the 16th September 2011.

Our Private Client team in our Taunton office will donate their time for the preparation of the following documents provided they are basic and straightforward and provided they do not involve advice on Inheritance Tax and other ancillary matters in return for donations to the Hospice in the following rates: 

Basic Will  -  £75
Two basic Wills in mirrored terms  -  £110
Codicil to an existing Will  -  £40

Please telephone our Taunton office for further information or to make an appointment – 01823 288 121.

We had a great afternoon at the County Cricket ground in Taunton on Sunday 31st July when Taunton Deane’s First Eleven won the Major Cup in an enjoyable final match against Ilminster. Well done!

Captain Russell Jones with the Somerset County Cup Major Trophy

You can’t beat cricket and Somerset strawberries! But we couldn’t compete with the Ilminster supporters…

We recently became one of the main sponsors of the cricket club and managed to rustle up a team of five (Julia Clegg: back row middle and Suzie Stevens: front row middle) at short notice who, with the support of club member Jack (front row left), managed to make it to the semi-final of the six aside softball tournament – next year, maybe the cup!

Thanks to all at the Cricket Club who made us very welcome.  It was good fun and we had a great day out.

It is a little known fact that planning law provides protection against planning enforcement for unauthorised residential development that remains unenforced for four years.

Mr Beesley’s barn occupied greenbelt land but behind its normal looking doors lay a surprising secret.  Within the barn he had constructed a residential dwelling complete with garage, entrance hall, study, lounge, living room, toilet, storeroom, gym, three bedrooms (two ensuite) a telephone line as well as mains electricity, water and drainage.   He and his wife then moved into the property, and lived there continuously for four years.

He then applied to the council for a certificate of lawful use.  This was refused and the case went all the way to the Supreme Court which gave judgment against Mr Beesley.

Lord Mance noted three specific public law legal principles:

(i)     that a person should not benefit from his own wrong;

(ii)     a person should not succeed if he has to prove an unlawful act to claim the statutory benefit; and

(iii)     “where a grant is in general terms there is always an implied provision that it shall not include anything. . .unlawful or immoral”. Relevant case law applying these principles was explored.

Although Lord Mance acknowledged that Beesley’s conduct was not at the time “identifiably criminal” it did consist of “positive deception in matters integral to the planning process. . .and was directly intended to and did undermine the regular operation of that process”. If the passing of the normal four-year period for enforcement which he brought about by the deception were to entitle him to resist enforcement, then Beesley “would be profiting directly from this deception”. In Lord Mance’s view, the “apparently unqualified statutory language cannot . . .contemplate or extend to such a case”. (Supreme Court Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council 6^th April 2011)

John Llewelyn of Broomhead and Saul says “Acting for a number of farmers and landowners, the case has interesting implications for us in advising our clients.  It shows the judicial support in interpreting the planning laws in favour of Councils where there is an attempt to disguise the true nature of operations by the landowner.  This interpretation may not be apparent from reading the statute itself and could surprise those without proper advice”.  Contact John or any of the property team on 01823 288121.

A variety of local professionals from different backgrounds (surveyors, estate agents, barristers, financial services professionals etc.) have been invited to the event, and we hopethat this will be an opportunity for the local business community to forge stronger links with each other. It is also a way of saying thank you to the many local businesses who have referred business to us over the past year.