When a client wishes to disinherit a beneficiary, do other members simply tell their clients sort of points that should be covered in a letter of wishes and then let their clients draft it, or do you draft the letter with the client? In either case, I presume you review the letter and make any suggested changes?
I draft it summarising key points. Client will approve then sign when Will executed.
Detailed attendance note of initial meeting then for execution.
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I make reference to the exclusion in the Will , repeat the clause within the MoW template I provide to the T with space for recording their reasons for the individual to be excluded. I prefer this to be completed in the testator’s own hand in order to avoid the suggestion that I have dictated it.
We were quite amused on one occasion when the T having completed the MoW , passed it back to me and it read as follows:- I have excluded my daughter…… etc.etc…… “ because she is a prat “
We did suggest that she tweak that particular exclusion!
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Thank you, Wayne. It seems everyone has a slightly different approach.
I prefer the T to write their own, in own handwriting or typewritten, ( after detailing the points they should include) mainly because they will write using their own turns of phrase and writing patterns, which will differ from those of a professional.
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I usually draft a side statement setting our the reasons why the B is disinherited. If the client is concerned with costs (SS incurs additional cost), they will usually draft it themselves, and I will cast an eye over it before storing with the Will.
I also include a non-provision clause in the Will too!
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