Published on: 2nd December 2019

Why is it important for homeowners especially to instruct a professional practitioner to create a Will?

We are often asked why it is recommended to use a professional practitioner to create a Will. Here are some thoughts from the judge in a 2009 Court of Appeal case in Singapore. "A Will is one of the most important legal documents which an individual can execute.

Often, it embraces assets which an individual may have taken a lifetime of effort to amass. It may also deal with properties that have not only immense monetary value, but also (and, perhaps, more importantly) incalculable sentimental or emotional attachment for both the testator and the family members or beneficiaries concerned. Almost invariably, a decision by a testator not to distribute his assets equitably among all the family members whom one would usually expect to be provided for under a Will excites dissatisfaction, and is not infrequently a prelude to bitter legal squabbles. There ought to be no room for even the slightest doubt (or the slightest possibility of a mistake) on the part of a practitioner in both understanding the testator's intention and expressing that intention in the Will to be drawn up. "The preparation of a Will involves serious professional responsibilities, which practitioners must uncompromisingly observe and discharge.

Regrettably, it seems to us that, all too often nowadays there are some practitioners who appear to consider the preparation of a Will to be no more than a routine exercise in form filling. This is wrong. Before preparing a Will, the practitioner concerned ought to have a thorough discussion with the testator on all the possible legal issues and potential complications that might arise in the implementation of the terms of the Will. The practitioner ought to painstakingly and accurately document his discussions with and his instructions from the testator. He should also confirm with the testator, prior to the execution of the Will, that the contents of the Will as drafted accurately express the latter's intention. Half measures or the cutting of corners in the discharge of these serious professional responsibilities will not do."

If you would like to meet one of our Consultants and discuss any of the issues raised in this article or any other Estate Planning topic, please telephone 01732 868190 or click here.

Back to all news