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Tallents Solicitors raise thousands of pounds for Beaumond House

20th September 2018

Tallents Solicitors took part in a month long Wills promotion to help raise thousands of pounds for Beaumond House Community Hospice.

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Tallents Solicitors celebrates national fundraising success again

16th May 2018
Senior Partner Jeremy Blatherwick, presents the Will Aid certificate to the Private Client team. Tallents Solicitors, with offices in Newark, Southwell and Mansfield has raised more than £10,000 for charity this year after taking part in a will-writing campaign, making them the 4th top fundraiser for Will Aid in the UK. (more…) Read more

Tallents Solicitors supports Beaumond House Community Hospice

23rd April 2018
Tallents Solicitors is delighted to be able to support Beaumond House Community Hospice by waiving our fees for simple single and joint Wills written in June 2018 in exchange for a suggested minimum donation to the Hospice. If you are thinking of writing a Will, then please contact Sarah Allen at our Newark office to arrange your appointment. Read more

Tallents Solicitors named in list of highest UK achievers for National Charity Campaign

20th April 2018

Tallents Solicitors, with offices in Newark, Southwell and Mansfield has raised more than £10,000 for charity this year after taking part in a will-writing campaign, making them the 4th top fundraiser for Will Aid in the UK.

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Adding a belt and braces to your Will

26th February 2018

Will makers are free to make the Will they wish, just as the probate documents for Lady Lucan revealed that she had cut her three children out of her Will and left her entire estate to the homelessness charity Shelter.

However, some people are understandably concerned about subsequent claims being made against their estates after their death – often by someone they have decided not to include in their Will or by someone who feels they should have been benefitted in additional or other ways.

Elizabeth Rees, solicitor from Tallents Solicitors in Mansfield explains how a Statement of Explanation can help ensure your Will will not be challenged after your death

Elizabeth Rees, a solicitor on the Private client team at Tallents Solicitors in Mansfield explains that while you cannot stop claims being brought against your Will, there are a number of steps that can be taken to reduce the chances of a successful claim.

Making a Statement of Explanation in your Will

Elizabeth says:

“When you sit down to write your Will, you have gone to the considerable effort of assessing your assets and determining who you would like to inherit them after you have gone.

“In some instances, it is appropriate to further consider whether additional steps are required to ensure your wishes are carried out. If this is the case, then the will maker can prepare a Statement of Explanation outlining the reasons for their decision, as Lady Lucan did in her Will.”

Grounds for bringing a claim against an estate

Elizabeth continues:

“There are a number of potential grounds for bringing claims against a deceased’s estate. These include: arguments that the will maker lacked testamentary capacity, that the Will was not executed properly, that there was a lack of knowledge and approval by the will maker, the will maker was subject to undue influence, or that the document was fraudulent or forged.

“However, should any application be heard, then the court is then entitled to take into account any relevant matters. As such, a Statement of Explanation would give an excellent insight into the will maker’s rationale at the time the Will was made.”

Ensuring your wishes are carried out

“Equally, it may sometimes be appropriate to leave property to a needy beneficiary rather than an affluent one. If a claim is made, then the court is required to assess both the needs of the applicant and those of any other beneficiary in the estate.  The Supreme Court quite recently held that charities fall into this ‘needy’ category, as they are dependent on legacy income to continue their charitable objectives.”

Elizabeth continues:

“Forfeiture clauses can also be utilised when writing a Will to reduce the risk of a challenge to your wishes. You may wish to leave a small sum to an estranged relative with along with a clause that any attempts to challenge the Will could result in the deprivation of their entitlement.”

Elizabeth finishes:

“Using a professional will maker, such as a solicitor, can also serve to mitigate against a successful claim as testamentary capacity will be taken into account when drafting the Will. 

“If you are concerned about the prospect of a claim being made against your estate then you may wish to consider making a written statement setting out the reasons (without bitterness) for making limited or no provision for the potential claimant. If your Will is subsequently disputed it may provide valuable evidence of your intentions and the reasons for your decision.”

Tallents Solicitors offers appointments to discuss making single and joint Wills at all three of its offices. Elizabeth Rees is available for appointments at the Mansfield office on Westgate.

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