Judge highlights importance of making Wills

Posted 16/12/2010

A judge has underlined the importance of making proper Wills following a complicated case which saw two step-brothers fight a legal battle in court.

Denny and Laura Densham-Smith had both passed away and although they both had documents in place, they had also frequently spoken of a mutual Will that had been agreed verbally.

Martin Densham-Smith, Denny’s son, argued that he should be entitled to half of the money left by his step-mother Laura, who died after her husband.

However, Laura’s son Jonathan Fry insisted he should be entitled to all of the £500,000 estate.

The Court of Appeal has now upheld a ruling which stated that the two men should share the money equally, as Denny would not have wanted the entire estate to go to Mr Fry at the expense of his son Martin.

Commenting that an untidy situation had arisen as a result of a lack of binding documents, Lord Justice Mummery added: “Ideally, Denny and Laura should have gone to solicitors with instructions that led to the drafting and execution of Wills recording a mutual Wills agreement.”

Simon Crooks, who heads the Wealth Management Team at Ashtons Legal, adds: “Ideally people should review their Wills around every five years, or when there is a significant change in their circumstances such as marriage, becoming parents, moving to a more expensive home, divorce, becoming grandparents, or receiving an inheritance. The cost of sorting out an ‘untidy estate’ after someone’s death is far greater than the cost of drafting an appropriate Will in the first place.”