Author: Matthew Wildeman

Is “get my Will sorted” your New Year resolution?

Posted by Matthew Wildeman on

The UK is suffering from “wills apathy”, with more than 30 million adults failing to make provisions for when they die. Dying intestate (without a Will) means the government will decide who gets what from your estate. Not having a Will could also result in Inheritance Tax being due before the estate is released. Grieving families may be forced to take out loans in order to release the assets.

But drawing up a Will doesn’t have to be a daunting or expensive process, a single Will costs £125 and a double Will only £195. To arrange a FREE consultation get in touch info@mwestateplanning.co.uk or 01202 022 841.

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Don’t do a Jimi Hendrix

Posted by Matthew Wildeman on

A lot of people assume that making a Will is something you can leave till you’re older. The reality, though, is that none of us know when we’ll need a Will. A classic case is the musician Jimi Hendrix — a great guitarist, but not so good on managing his affairs.

Famously one of the “27 Club”, Hendrix died without a Will, even though his estate was not only worth a good deal but also quite complex, since it involved intellectual property. The lack of a Will meant that it took a couple of decades for the family to get control of the estate, and disputes still continue between his brother and adopted sister.

You might not be worth as much as Jimi Hendrix, but you could be storing up plenty of problems if you assume you can put off writing a Will.

Contact us to find out more about the process.

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Shakespear

William Shakespeare’s Will – The National Archive

Posted by Matthew Wildeman on

William Shakespeare’s last will and testament was signed on 25 March 1616, just under a month before his death.

The document has been studied for details of his personal life, for his opinions, and for his attitudes towards his two daughters, Susanna and Judith, and their respective husbands, John Hall and Thomas Quiney. The best-known passage of the will is the bequest to the wife of his “second best bed”. The significance of this phrase is not certain.

In the name of god Amen I William Shackspeare of Stratford upon Avon in the countie of Warr’ gent in perfect health & memorie god by praysed doe make & Ordayne this my last will & testam[en]t in manner & forme followeing That ys to saye first I Comend my Soule into the hands of god my Creator hoping & assuredlie beleeving through thonelie merittes of Jesus Christe my Saviour to be made partaker of lyfe everlastinge And my bodye to the Earthe whereof yt ys made.

I[te]m I Gyve and bequeath unto my sonne in L[aw] (struck through) Daughter Judyth One Hundred & ffyftie pounds of lawfull English money to be paied unto her in manner and forme follewing That ys to saye One Hundred Poundes in discharge of her marriage porc[i]on within one yeare after my deceas w[i]th considerac[i]on after the Rate of twoe shillinges in the pound for soe long tyme as the same shalbe unpaid unto her after my deceas & the ffyftie pounds Residewe thereof upon her surrendering of or gyving of such sufficient securitie as the overseers of this my will shall like of to Surrender or graunte All her estate and Right that shall discend or come unto her after my deceas or that she nowe hath of in or to one Copiehold ten[emen]te with theappertenances lyeing & being in Stratford upon Avon aforesaied in the saide countie of warr’ being parcell or holden of the mannor of Rowington unto my daughter Susanna Hall & and her heiries for ever.

Item I gyve and bequeath unto my saied Daughter Judyth One Hundred & ffyftie Poundes more if shee or Anie issue of her bodie Lyvinge att thend of three yeares next ensueing the daie of the date of this my will during which tyme my executors to paie her considerac[i]on from my deceas according to the Rate aforesaied. And if she dye within the saied terme without issue of her bodye then my will ys & and I doe gyve & bequeath One Hundred Poundes thereof to my Neece Elizabeth Hall & ffiftie Poundes to be sett fourth by my executors during the lief of my Sister Johane Harte & the use and proffitt thereof Cominge shalbe payed to my saied Sister Jone & after her deceas the saied L li shall Remaine Amongst the children of my saied Sister Equallie to be devided Amongst them. But if my saied daughter Judith be lyving att thend of the saeid three yeares or anie issue of her bodye then my will ys & soe I devise & bequeath the saied Hundred & ffyftie poundes to be sett out by my executors and overseers for the best benefitt of her and her issue and the stock not to be paied unto her soe long as she shalbe marryed and Covert Baron by my executors & overseers (struck through) but my will ys that she shall have the considerac[i]on yearelie paied unto her during her lief & after her deceas the saied stock and condierac[i]on to bee paid to her children if she have Anie & if not to her executors or Assignes she lyving the saied terme after my deceas provided that if such husbond as she shall att thend of the saied three yeares by marryed unto or attain after doe sufficientlie Assure unto her & thissue of her bodie landes answereable to the porc[i]on by this my will gyven unto her & to be adjudged soe by my executors & overseers then my will ys that the saied CL li shalbe paied to such husbond as shall make such assurance to his owne use.

Item I gyve and bequeath unto my saied sister Jone XX li & all my wearing Apparrell to be paied and delivered within one yeare after my deceas. And I doe will & devise unto her the house with thappurtenances in Stratford where in she dwelleth for her naturall lief under the yearelie Rent of xiid

Item I gyve and bequeath unto her three sonnes William Harte (name omitted) Hart and Michaell Harte ffyve pounds A peece to be payed within one yeare after my decease to be sett out for her within one yeare after my deceas by my executors with thadvise & direccons of my overseers for her best proffitt untill her marriage & then the same with the increase thereof to be paied unto her (struck through).

Item I gyve and bequeath unto her (struck through) the saied Elizabeth Hall All my Plate (except my brod silver and gilt bole) that I now have att the date of this my will.

Item I gyve and bequeath unto the Poore of Stratford aforesaied tenn poundes; to Mr Thomas Combe my Sword; to Thomas Russell Esquier ffyve poundes & to ffrauncis Collins of the Borough of Warr’ in the countie of Warr’ gent. thirteene poundes Sixe shillinges & Eight pence to be paied within one yeare after my deceas.

Item I gyve and bequeath to mr Richard (struck through) Hamlett Sadler Tyler thelder (struck through) XXVIs VIIId to buy him A Ringe; to William Raynoldes gent XXVIs VIIId to buy him a Ringe; to my godson William Walker XXs in gold; to Anthonye Nashe gent. XXVIs VIIId to mr. John Nash XXVIs VIIId in gold (struck through) & to my ffellowes John Hemynges, Richard Burbage & Heny Cundell XXVIs VIIId A peece to buy them Ringes.

Item I Gyve Will Bequeth and Devise unto my Daughter Susanna Hall for better enabling of her to performe this my will & towardes the performans thereof All that Capitall Messuage or tenemente with thappertenaces in Stratford aforesaid called the newe plase wherein I nowe Dwell & two messuags or ten[emen]tes with thappurtenances scituat lyeing and being in Henley Streete within the borough of Stratford aforesaied. And all my barnes, stables, Orchardes, gardens, landes, ten[emen]tes and herediaments whatsoever scituat lyeing & being or to be had Receyved, perceyved or taken within the townes & Hamletts, villages, ffieldes & groundes of Stratford upon Avon, Oldstratford, Bushopton & Welcombe or in anie of them in the saied countie of warr And alsoe All that Messuage or ten[emen]te with thappurtenances wherein one John Robinson dwelleth, scituat, lyeing & being in the blackfriers in London nere the Wardrobe & all other my landes ten[emen]tes & hereditam[en]tes whatsoever. To Have and to hold All & sing[u]ler the saied premisses with their Appurtenances unto the saied Susanna Hall for & during the terme of her naturall lief & after her deceas to the first sonne of her bodie lawfullie yssueing & to the heiries Males of the bodie of the saied first Sonne lawfullie yssueinge & for defalt of such issue to the second Sonne of her bodie lawfullie issueinge & of [struck through] to the heires Males of the bodie of the saied Second Sonne lawfullie yssyeinge & for defalt of such heires to the third sonne of the bodie of the saied Susanna Lawfullie yssyeing & of the heires Males of the bodie of the saied third sonne lawfullie yssueing And for defalt of such issue the same soe to be Remaine to the ffourth, sonne (struck through) ffythe, sixte and seaventh sonnes of her bodie lawfullie issueing one after Another & and to the heires Males of the bodies of the saied ffourth, ffythe, Sixte and Seaventh sonnes of her bodie lawfullie yssueing one after Another & to the heires Males of the bodies of the saied ffourth, fifth, Sixte & Seaventh sonnes lawfullie yssueing in such mamer as yt ys before Lymitted to be & Remaine to the first, second & third Sonns of her bodie & to their heires males. And for default of such issue the saied premises to be & Remaine to my sayed Neece Hall & the heires Males of her bodie Lawfull yssueing for def[ault of]…[damaged]…such iss[u]e to my daughter Judith & the heires Males of her bodie lawfullie issueinge. And for defalt of such issue to the Right heires of me the saied Willm Shackspere for ever.

Item I gyve unto my wief my second best bed with the furniture; Item I gyve and bequeath to my saied daughter Judith my broad silver gilt bole.

All the Rest of my goodes Chattel, Leases, plate, Jewels & household stuffe whatsoever after my dettes and Legasies paied & my funerall expences discharged, I gyve devise & bequeath to my Sonne in Lawe John Hall gent. & my daughter Susanna his wief whom I ordaine & make executors of this my last will & testam[en]t. And I doe entreat & Appoint the saied Thomas Russell Esquier & ffraunci[s] Collins gent. To be overseers hereof And doe Revoke All former wills and publishe this to be my last will & testam[en]t. In Wit[n]es whereof I have hereunto put my hand the Daie & Yeare first above Written.

By me William Shakspeare (signed)

Witnes to the publishing Hereof (signed)

Fra: Collyns

Juliyus Shawe

John Robinson

Hamnet Sadler

Robert Whattcott

Probatum coram Mag[ist]ro Willi[a]mo Byrde legum d[o]c[t]ore Commissar[io] etc. xxiido die mensis Junii Anno d[omi]ni 1616 Juram[en]to Johannis Hall unius ex[ecutorum] etc. Cui etc. de bene etc. Jurat[i[ Res[er]vata p[o]t[est]ate etc. Sussanne Hall alt[eri] ex[ecutorum] etc. cum ven[er]it etc petitur Inm ext

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Head in hands

Dying without a Will

Posted by Matthew Wildeman on

I had a call today from a client who unfortunately lost his mother with COVID-19 recently. The problem is he can’t find a Will and is pretty sure she never made one. I gave him the address of the National Will Archive but assuming there is no Will she has died INTESTATE.

Dying Intestate means dying without a Will and can cause all sorts of problems, pain and extra hassle.

  • Heartache from not knowing what the deceased wanted to happen
  • Potential for family disputes about the estate distribution
  • Applying for Probate will take longer
  • Potential disputes over who is best to act as Executor

Generally pain and problems simply because they didn’t make even a standard Will costing around £125.

I have two documents that I’m happy to share, just message me and I’ll forward them on

  1. Rules of Intestacy Flow Chart
  2. Guide to applying for Probate

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Certificate April 2020

100% customer rating for April

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Collecting customer feedback is so important. MW Estate Planning is very proud to have achieved a 100% rating from their customers in April. MW Estate Planning use a 3rd party company, Working Feedback, to collect these reviews via email, text and online.

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How to choose your Will Writer?

Posted by Matthew Wildeman on

Unfortunately, Will writing or estate planning is not a regulated profession. It was going to be regulated a few years ago but at the last minute the process was cancelled. Therefore, there are some important things to look for when using a Will writer for your Will or Power of Attorney.

  1. Ask friends and family for recommendations
  2. Check they are members of a regulatory body. There are two main bodies, The Society of Will Writers and Institute of Professional Willwriters. By being a member of one of these bodies it means they should have the required knowledge you need and that they conduct themselves in an ethical & professional manner
  3. Professional Indemnity Insurance. Any reputable Will writer will have PI cover
  4. Fixed price list
  5. Look for good reviews

If you need help or advice looking for a Will writer, please get in contact or you can search for a member of the Society of Will Writer on their website.

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What is a General Power of Attorney?

Posted by Matthew Wildeman on

Normally when we think of powers of attorney we think of Lasting Power of Attorney (LPAs). These documents allow a donor to appoint attorneys to make decisions on their behalf should they lose capacity to make their own decisions. They can be made to appoint someone to make decisions about health and welfare as well as property and financial affairs.

General Powers of Attorney (GPAs) are very different. This type of document can only be used by a donor wishing to appoint an attorney to manage their financial affairs and is only valid while the donor has mental capacity. As soon as capacity is lost the GPA is no longer useable and the attorney can’t make any more decisions for the donor.

So why choose a General Power of Attorney?

For a person who needs someone to make decisions for them right away a GPA can be a great alternative currently. There is no registration requirement, so the document is ready to use as soon as it has been properly signed. There are also less people involved in the creation of a GPA. The only people who need to sign are the donor themselves and a witness. 

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Stepdaughter Loses Legal Battle Against Stepmother

Posted by Matthew Wildeman on

A daughter who challenged her late father’s Will after her terminally ill stepmother disinherited her has lost a High Court battle.

Carly Shapton, brought the case against her father’s (Colin Seviour) estate and terminally ill stepmother, Maria Seviour, after the entirety of her father’s estate, worth around £268,000, was left to his late wife.

Following the death of Colin Seviour to brain cancer in 2016, the blended family had argued over a number of issues including Mr Seviour’s funeral arrangements. Given the state of the fractious relationship and declining health following a diagnosis of motor neurone disease in 2018, Maria Seviour made the decision to disinherit her stepchildren.

The Court heard that Colin Seviour was advised of his options to leave his estate in Trust in order to protect inheritance for his children. As they were financially stable, he made the decision to leave the estate to his wife who was an NHS worker on a relatively low wage before she was unable to work in the months after his death and her diagnosis.

Whilst the pair had intended to leave the estate to their four children, the perceived abhorrent behaviour from her stepchildren and an obviously ‘toxic relationship’ prompted Ms Seviour to change her Will, omitting her stepchildren.

However, citing the Inheritance (Provision for Family and Dependants) Act 1975, Ms Shapton claimed she needed some of the proceeds of her father’s estate to help fund a larger home purchase so her two children were able to have a bedroom of their own and her partner was able to have office space.

In total, Mrs Shapton applied to be granted £75,000 of the £268,000 estate.

The claim became disingenuous and the case deemed ‘hopeless’ when it was revealed that the family were able to afford regular affluent skiing and foreign holidays, had a company car and brought home a healthy combined income.

Judge Lloyd dismissed the maintenance claim because it was ‘perfectly clear’ that the family were able to afford ‘several very luxurious holidays’ and had ‘a high combined income, which is more than adequate to meet their day-to-day needs.’

Because the Shapton family are able to provide for themselves there was no claim under the 1975 Act meaning Ms Seviour’s amended Will was valid.

Judge Lloyd found that Mrs Shaton:

“was motivated by the view that she was entitled as of right to one quarter of her father’s estate.”

“She clearly is not. The will is quite clear: Maria, having survived her husband, takes the estate outright. I understand that Maria has changed her will. That is her prerogative.”

Following the claim’s dismissal, Ms Shapton was ordered to pay legal fees in excess of £50,000.

Legal Battle Against Stepmother