Homemade Will that states “the remainder of my estate free of taxes to the following in the percentages stated” and then lists 10 friends each receiving different percentages of the estate. One of the beneficiaries died before the testator. There were substitutions for the majority of the friends in the event that they predeceased the testator but not for the deceased beneficiary. There is no accrual clause.
Is this a partial intestacy or should this share be divided among the remaining beneficiaries?
If there was an error and the substitution clause was intended to include the gift to the now deceased beneficiary, it will be difficult to rectify the will without supporting evidence, which often does not exist for homemade wills.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
I had many clients with friends who confided strange opinions to them. Even worse some were related or even married to such people. I learned the hard way not to immediately echo Nathaniel’s scepticism “Can there any good come out of Nazareth?”
However, the best aphorism my principal ever imparted to me as an articled clerk as regards client relationships was: “If it starts bad, it gets worse”. A client is always at liberty to choose to take the advice of a friend rather than yours; as long as you get paid and ensure that the advice you gave was clear, so that the friend’s advice cannot be attributed to you when there is a future poo/fan concatenation.
My own wife has a number of such friends who, alarmingly, seem have many such friends of their own, and so on. A diverse bunch but with a common characteristic: they all know better than me.