Legal
Is there such a thing as a silent will ?
By Terence Willey of Terence Willey & Co
The simple answer is “ Yes ”. However , although not commonly undertaken Silent Wills , if correctly executed , can in some cases be very effective .
Having prepared Wills for over 50 years I have seen Wills prepared in various forms but it must always be remembered that they need to include certain essential criteria to make them lawful . If in doubt always seek advice and assistance before attempting it yourself or better still have it prepared by a qualified person . The idea of a Silent Will is to exclude certain personal wishes and desires from a Will which otherwise after your death becomes a public document once it is proved for Probate . Such documents are also often headed up as “ Letters of Wishes ”. It is prudent always to seek advice before proceeding and to ensure that such document does not require tax considerations . They can give specific directions to relatives , friends and Executors in the administration of an Estate . For example an individual may say “ It is my express desire that my Grandfather clock which has been in the family for over 100 years is retained within my family for generations to come and not sold unless it proves absolutely necessary ”. Such directions may also include specific music to be played at a funeral and even extending to a complete Order of Service . I recall one particular gentleman client who had frequented a Public House for over 50 years and was keen that following his funeral a specific sum of money was placed behind the bar for everyone attending on that day to enjoy a memorable drink on him ! Lifetime Wills have now been replaced by “ Advanced Directions ” documents which can deal with health and medical issues and sustaining life or otherwise . It never ceases to surprise me how many individuals have not addressed making a Will or in fact have attempted to undertake such testamentary dispositions on their
own account , leaving relatives with difficulties in seeking a Probate to an invalid document . We now live in an age where incentives are given by Insurance Companies to provide free Will kits for selfpreparation and documents drawn down from the internet . I suppose I am bound to support the policy of having a Will drawn by a fully qualified practising lawyer who maintains adequate insurance for such professional work undertaken and can advise on all such matters including future tax planning . Some while ago when assisting the BBC with a “ Will Phone In ” feature on a radio programme , I was asked by a lady caller as to whether she required her Bank ’ s consent to remove her Will which they were holding and had prepared some years previously appointing themselves as Executors . Always remember your Will is your property whoever you may appoint as Executor . It is your absolute prerogative to revoke any former Will and make a new Will , appointing new Executors at any time . However , as a matter of courtesy , as I so advised this lady ; she should attend the local branch of the Bank to advise them that she wished to remove her Will and for them to note that she was making a new Will elsewhere and appointing new Executors . Always ensure that you recover old wills from earlier locations such as banks and lawyers offices to avoid possible difficulties arising on death , in establishing your will . www . visitilife . com 129 PB