Hello
Could I please ask how you would advise a client in the following situation:
They made mutual Wills with their spouse who has passed away.
Their personal circumstances have now changed significantly and they want to make a new Will. They feel it wasn’t sufficiently made clear to them by the original will writer that they could not change their Will in the future.
In the circumstances, if you were their advisor, would you feel comfortable updating their Will for them provided they have been fully advised that the mutual wills created a constructive trust and their estate would potentially be vulnerable to a claim from the beneficiaries under the original mutual agreement?
Or in the circumstances, would you tell the client you can’t update their Will for them?
I’d be very grateful for any advice and insights on this.
Thank you.