Wills often cause problems if the
document is not worded clearly. We all know the saying that the road to
hell is paved with good intentions. This encapsulates what we all know
and may have experienced at some point or another: that our good
intentions don't always have the desired effect. Sometimes, in fact,
the opposite happens.
Good intentions – or how we express them
– also play a role in the drafting of a will. Wills have divided
families, estranged offspring and caused terrible court cases, often
because the deceased never expressed his or her wishes clearly
and unequivocally.
Take this example. John wrote in
his will: "I bequeath my boat to my son and the rest of the estate to
my daughter." The result was that his children are now in conflict
since his daughter believes that the boat trailer is hers. Her father,
after all, stipulated that everything except the boat was
hers!
A will could also state that John leaves all
his cash to his daughter, Penny. His intentions were correct and the
will is filed until needed. But there is a potential problem waiting –
what exactly is cash? The notes and coins John leaves in his wallet the
day he dies? Does it include the fixed deposits in the bank, or perhaps
the returns on the insurance policy? Or is it purely the balance in his
cheque account?
The central factor is that good
intentions should be backed up by specific instructions when it comes
to the drafting of a will, for example: "I bequeath the balance of my
cheque and savings account to my daughter, Penny." Rather say exactly
what you mean, or you could be the reason your children end up in
court, or forcing a judge to decide what you actually meant in your
will.
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