The role of advisers in implementing clients' testamentary wishes

How to avoid challenges to a will after a client death

clock • 4 min read

Elizabeth Sainsbury and Carmen Barragan-Lopez share their legal expertise in this article looking at the role of advisers in implementing clients' testamentary wishes

There are a number of obstacles that might prevent wills from taking effect, even when testators have a clear vision of their testamentary wishes. In order to achieve certainty in the outcome, it is crucial for professional advisers to be actively involved in clients' succession planning. A fresh look at wills The Law Commission's Consultation paper published in October 2023 suggests that the legal principles applying to wills may be outdated. For example, the governing statute dates back to 1837, and the test for testamentary capacity comes from an 1870 case. As it stands, the law ...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Estate planning

Octopus Investments unveils IHT and estate planning helpdesk

Octopus Investments unveils IHT and estate planning helpdesk

Aims to provide clarity on tax rules and the legalities of estate planning

Isabel Baxter
clock 16 September 2024 • 2 min read
Lasting power of attorney: Who guards the guardians?

Lasting power of attorney: Who guards the guardians?

'LPAs can be a real asset if used properly'

Adam Matthews
clock 23 August 2024 • 3 min read
Lessons from Succession: Unlocking generational wealth

Lessons from Succession: Unlocking generational wealth

What advisers can learn from the Roy family...

Simon Rogerson
clock 14 August 2024 • 4 min read