Nelson thought it his Duty

Written by Derek Cook, Probate Practitioner.

There has been much written about the activities of unlicensed will writers, which culminated in the recent Panorama programme. This article is not about "having a go" at will writers, but care should be taken in who you instruct. It is important to clarify fees and in particular what the costs are of storing your will. There is little point in having a will made cheaply if you pay hundreds of pounds for somebody merely to hold it in a cupboard! Most solicitors firms make no charge for storing wills.

The other main point is to ensure your will actually carries out your wishes and they have not been "adjusted" to fit in a template which makes it cheaper and easier to produce your will. In this regard be cautious who you appoint as your executor and ensure that you are aware of the charging structure when your estate is administered. Again there is no point in a cheap will to pay excessive fees for having your estate wound up.

This brings me on to the contents of wills. The shortest will ever written merely said "all to mother", with the longest will being one thousand and sixty six pages. A will is the way we allocate our possessions after death, and this has lead to many giving vent to extravagant whimsy. Many wills over the ages have contained unusual burial wishes. The most sensational has been the American woman who wanted to be buried in her nightgown, being placed in her 1964 Ferrari, her favourite car, "with the seat comfortably slanted". Wills have also been the subject of many courtroom battles. Nothing is new. In the 1890s the will of Sir Francis Jeune was contested. His previous office had been as president of the Probate, Divorce & Admiralty Division of the High Court.

Lord Nelson made a codicil to his will on the morning of the battle of Trafalgar. In this he recorded Lady Hamilton's patriotic service and then stated "I leave Emma Lady Hamilton, therefore, a legacy to my king and country". It is not recorded whether George III ever claimed his legacy.

I do not suggest this as the basis for a will nor, I believe, will it work as a very subtle tax planning exercise, but I would stress the importance of making a will and giving due consideration to those whom you give instructions.

Derek Cook is a Probate Practitioner at Sydney Mitchell LLP and specialises in tax planning, administration of estates and creation of trusts as well as advising on the writing of wills.

For more information on writing your will, or having your will checked, changed or updated contact us online today.