Professionally Drawn Will Declared Invalid.

By Alex Watkinson, Associate, Bell & Buxton Solicitors.

A recent case dealt with in London County Court has shown that even if a person’s will is prepared by a solicitor, it can still be invalid.

The case in question is called Burgess v  Hawes and concerned the estate of Daphne Burgess.  Daphne Burgess died in May 2009.  She was survived by a son, Peter Burgess and two daughters, Libby Burgess and Julia Hawes. 

In December  2006, Daphne Burgess visited a solicitor and, in January 2007 made a will completely cutting out Peter Burgess.  He and his sister, Libby challenged the validity of the will.

Even though a solicitor had taken instructions for and prepared the will, the Judge found that the will was not valid because Daphne Burgess did not fully know and approve the contents of that will.  It appears that her other daughter, Julia Hawes was the “driving force” behind the change in the will and that this was probably as a result of a fall out between her and her brother. Mrs Hawes attended the solicitor’s office with her mother and pointed out errors in the drafting of the will.

Additionally, Mrs Hawes, who sits as a magistrate in Milton Keynes, was ordered to repay approximately £18,000 plus interest to her mother’s estate to reimburse a number of payments out of mother’s bank accounts which she and her family had the benefit of.

If you have concerns about the validity of a friend or relative’s will, Bell & Buxton have a dedicated team of experts who specialise exclusively in this area of law.  Please feel free to contact us on 01142495969 or e-mail Alex Watkinson on a.watkinson@bellbuxton.co.uk

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