Katie Smith’s husband, Ian, who suffered from dementia, died earlier this year. His family are now dealing with the fallout from his will, which he drew up on his own, without a solicitor, in 2008. The will, of which Katie is named the executor, sprung a surprise. It stated that it was his wish that Katie keep half their home after his death, and that the other half be split between their four children.
In 2017 Ian had visited a solicitor, with whom he started to draw up another will, having realised that the first one didn’t make sense. The new will would have acknowledged the passing of the house to his wife, but Ian did not sign it.
Rebecca Fisher comments in The Times' Troubleshooter section that there may be a simple solution to the problem.
My children want half of the home my husband left behind is available to read on The Times website via subscription.
Rebecca is a partner in the private client group advising families and individuals on all aspects of private client law including wills, estate planning, administration of estates, trusts and powers of attorney.
She regularly advises clients including entrepreneurs, business owners and multi-generational family businesses on succession planning, with particular focus on inheritance tax and capital gains tax planning. Rebecca fully understands the unique challenges that family businesses face.