Category Archives: Wills

X marks the spot: Legacies outside the box…

Having been raised on a televisual and literary diet of capers, adventures and swashbuckling, we at legalmatters remain slightly disappointed to find that the amount of Will legacies involving treasure maps are rather thin on the ground. Setting aside the compliance and logistical headaches, we have always been a fan of a deceased individual setting out a series of tasks, each one more cunning than the last, in a bid for their relatives to race against the clock to discover their worldly goods buried in a field just outside of Totnes, or similar.

Now with around 60% of the UK population currently without a valid Will, that leaves a hefty chunk of UK citizens with no clear instructions as to what happens on their death. If you are one of this majority, perhaps you are looking for some inspiration. Maybe the traditional “all to spouse and then to my children” route is not for you. Well whether it’s non-standard gifts, or unusual methods of dispatch, we have collated some of the more colourful published Will terms out there as food for thought.

Lis-bon vivant

As near to film-script worthy as we have come across, is that of the fabulously named late Portuguese Aristocrat Luis Carlos de Noronha Cabral da Camara. The childless bachelor randomly picked 70 names from the Lisbon phone book to be the beneficiaries of his considerable estate.

Determined that nothing should go to the state, the ‘wealthy loner’ left his 12-room apartment in central Lisbon, a house near the northern town of Guimaraes, a couple of healthy bank accounts, a luxury car and two motorbikes to be divided amongst his random heirs in 2007. Each walked away with several thousand euros worth of legacy.

Hair Apparent

Wealthy Brixton resident Henry Budd left the sum of £200,000 in trust for his two sons Edward and William back in 1862. The overriding proviso being that neither of them grow a moustache or their inheritance would be forfeited.

That same decade, a Will prepared in for a Mr. Fleming, an upholsterer of Pimlico, left £10 each to each of his male employees that did not sport moustaches. Those who persisted in wearing the facial hair would see their legacy reduced by 50% to £5 each.

Staying with the theme of the pursuit of the hirsute, Napoleon Bonaparte‘s last Will and Testament directed that his head be shaved and his hair be distributed among his friends. Whilst not exactly the most traditional of gifts, should any of the original recipients have kept hold of their bequests, they may be more generous that initially thought. A lock of the ex-Emperor’s hair found in a house in Camberley, Surrey sold at auction in 2005 for £9,000 (including auction fees). That same year, a single strand of hair from Napoleon’s head, sold for £130 at auction in Dorset.

One man’s Treasure

Scottish Novelist and Victorian teller of tales, Robert Louis Stevenson left a jewel of his own to his good friend, Annie Ide. The Treasure Island and The Strange Case of Dr. Jekyll and Mr. Hyde author bequeathed his very own birthday of 13 November. Annie’s fell on 25 December, Christmas Day and she had always felt cheated. The great man himself died in 1894 whilst struggling to open a bottle of wine with his wife on the island of Samoa. There are surely worse ways to go…

Floral Tribute

Celebrated Comedian and Actor in the 1930-60’s, Jack Benny, was also a true romantic to the end. Following his death in 1974, he directed in his Will that a large sum of money was left to a local florist. However, the Will went on to stipulate that the florist was to send a single long-stemmed red rose his wife of 47 years, Mary Livingstone, every day for the rest of her life. By the time Mary died she had received over 3,000 red roses.

Gallows’ Humour

And to end on rather an uncharitable note, a list compiled by London genealogists Fraser and Fraser ranked the Will of Annie Langabeer as being number one for most bizarre legacies. On her death in 1932 at the age of 59, she left her brother-in-law Daniel Jones, 2shillings and 6d to buy a rope to hang himself with.

It should be noted that not all of these requests were successfully carried out. If you would like advice for drawing up yours or your clients’ wishes, do get in touch with one of our solicitors who would be delighted to help enshrine your wildest dreams (where legally possible)! Call us on 01243 216900 or email us at info@legalmatters.co.uk.

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Winter is coming; be prepared. The legal lessons we can learn from Game of Thrones…

As Game of Thrones season 7 is fully underway, the shenanigans of the inhabitants of Westeros are attracting viewers in record breaking numbers. Whether or not this fictional romp of dragons, zombies and war is your cup of tea, once you remove the fantasy element, you are left with the very bread and butter of a private client practitioner’s workload; family relationships, wealth and death. A tenuous link? Perhaps, but undoubtedly these universal themes are very much at the heart of both worlds.

Admittedly, the level of death is a little more frequent and varied than the average probate practitioner’s workload. Her Majesty’s Courts and Tribunal Services have a difficult enough job processing paperwork without having entire family dynasties wiped out in one fell swoop (one can only imagine the Oath drafting…)

But on a serious note, the programme highlights that death will not always present itself in the chronological order of a family tree. Even despite the wealth of information in the public domain, we are still faced with clients who do not have a Will as they believe their wealth will automatically be inherited by their children on their death. The Intestacy Rules will only go so far in handing down your estate to your lineal descendants but, of course, there is so much more to a Will then simply enshrining this course of events.

Warring offspring? Dubious marriage choices? Unruly illegitimate children? All in a day’s work in the Seven Kingdoms yet in the real world, these issues are just as much cause for concern for our clients today. If you are worried about protecting the family wealth (however big or small) correct estate planning can prepare for such eventualities and ring fence funds for your intended recipients without the worry of funds falling into the wrong hands.

Indeed, so many of the show’s main conflict points could have been easily avoided and managed had the characters’ legal affairs been put in order.

Had the ‘Mad King’ been furnished with a fully registered Lasting Power of Attorney, then his appointed attorneys could have stepped it at the first sight of faltering capacity and a much cheerier (and less bloody) outcome could have been achieved by all.

A Lannister always pays their debts, and loans and gifts are indeed an excellent form of estate planning if done in the right way. A flexible family trust is a great way of allowing for loans and repayments to be made to and from the family pot of money. Running out of blood descendants? A trust also allows for the person setting it up (the ‘settlor’) to add friends or charities into the mix.

There is certainly a stark solution for making provision for ‘blended families’ (with children born from different relationships) in a straightforward manner, without having to lose your head.

Whatever your family situation, legalmatters will find the right solution for you to ensure that your death does not leave any nasty surprises for those left behind.

An appropriate, professionally prepared and properly executed Will can provide security for your family, during an already emotional time. There is a time and a place for drama and conflict, and your death shouldn’t be one of them. Make a Will, make your wishes clear, because goodness only knows transferring the ownership of a dragon is an administrative nightmare at the best of times!

As professionals, Accountants, Financial Advisers and Wealth Managers are often asked for advice which may be outside their area of specialism. As well as guiding you through the process, talking to an expert at legalmatters can help clear up any concerns you or your clients may have.
Working collaboratively and effectively with Accountants, Financial Advisers and Wealth Managers is a key aspect of the legal services that legalmatters provides. We believe that clients benefit greatly from combined financial and legal advice.

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