Patrick Boylen Patrick Boylen
Managing Partner
Tuesday, October 31, 2017

DBH Managing Partner Patrick Boylen recently dealt with a case that highlights how important it is to get your Will in order before it is too late.  Continue reading the blog below regarding a recent case where the client had changes that needed to be included in her Will, but unfortunately ran out of time.

“The other morning I received a call from a former client.  He told me that his elderly mother had taken ill suddenly and was in hospital.  His question was quite simple, did we have her Will?  It revealed that we did, and within 15 minutes the secure packet with his mother’s Will, Power of Attorney and other documents was on my desk.  A quick check revealed that the Will was a valid Will.

I called the former client to inform him we did have the Will and it all appeared to be in order.  He told me his mother wished to make some changes, nothing significant, but changes to reflect that one of the siblings had provided significant care to mum and she wanted to be sure that that sibling could remain in the family home for as long as she wished to – a common request.  I asked the former client as to whether his mother still had her faculties and was assured that she did.

We developed a plan that the former client would talk to his mother about what she wanted to do and I would arrange a telephone call with one of our expert Wills and Estates Solicitors that day.

Sadly, two hours later I received a call from the former client that his mother had taken a turn for the worse and had passed away.

In this case the positives are that the mother had a valid Will and the family, who were all in attendance, would probably know of her wishes and, if they all agreed, would be able to enter into a Deed of Family Arrangement to effectively vary the Will.

The key takeaway from this sad story is that you never know how long you might have.  The Will in this case was made over 20 years ago and is still a valid Will.  The mother’s intentions may be changed.

It is good policy to regularly review your Will and make sure it contains your final wishes.  If it doesn’t, you need to do something now because once you have lost your ability to make Will or passed on, it is just too late”.

To book an appointment with a DBH Wills & Estates Solicitor, free call 1800 324 324, or send us a message.

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