If a legal firm mishandles or fails to locate the most recent Will after a client’s death, the estate may be administered according to an earlier Will or even intestacy law, potentially causing disputes among beneficiaries.
This may lead to litigation from beneficiaries or family members challenging the distribution of assets. It may also lead to delays in administering the estate, which is tough for the beneficiaries, causing emotional stress at an already difficult time. Potentially it may also lead to financial loss or reputational damage for the solicitor firm if they are found liable for not identifying the last Will and testament of the deceased.
There was one case reported in the Daily Mail https://www.dailymail.co.uk/news/article-2191531/Young-war-heros-testament-delivered-67-years-lost-bus.html where a war hero’s lost Will was found in a bus depot lost property office was eventually returned to his family 67 years after his death. Private Gordon Heaton died on Normandy battlefield in 1944, aged 21. His Will was later discovered by a worker at Acocks Green National Express depot in the West Midlands while she was cleaning out the depot’s lost property office so it could be painted.
There is no time limit for claimants to pursue their rightful inheritance if there has been an error. Therefore, if that Will found 67 years later had changed the situation regarding beneficiaries the estate may have needed to be redistributed.
Most of the time, legal firms will take a view depending on circumstances to determine if they are in possession of the final version of a Will. If there is any doubt, best practice would be to conduct a Will Search.
Graeme Black, Partner, Private Wealth and Inheritance at Herrington Carmichael explains: “Even where the family believes they have the most up to date Will and Testament of their loved one, we suggest a Will search to protect them against a later Will coming to light once distribution to the beneficiaries has occurred. This is essential as a later Will could potentially impact the inheritance tax liabilities of beneficiaries or importantly, could mean bequests were distributed incorrectly and not in line with the wishes of the deceased.”
However, in the example cited, the 67 year old Will may not have been registered. Therefore, to mitigate risk further, Missing Will Insurance is an option. It protects executors, administrators, trustees and beneficiaries as well as the legal firm, offering financial protection should a later Will come to light. This avoids the need to unravel a situation where after time has passed, beneficiaries may have spent, invested or passed on the inheritance received. Creditors or tax authorities may demand payment after distribution, and beneficiaries could be asked to return funds, therefore the indemnity covers the cost of re-distribution of the estate in perpetuity.
Over the years, the modern family unit has become more complex and Wills get updated with more frequency. This has given rise to increased challenges when it comes to identifying the last Will and testament of the deceased. At Estatesure, we are keen to support our legal clients and families of the deceased and so as well as offering Will searches, we now offer a range of low cost indemnity policies including Missing Will Insurance to offer protection for beneficiaries and law firms for UK domiciled deceased clients.
For further information please see: For further information about Estatesure’s range of services please see: https://www.estatesure.co.uk/ or email helpdesk@estatesure.co.uk
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The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
