A recent case has highlighted the need to ensure you have a valid Will that fully considers your circumstances and the full impact of your death.
The case of Davey v Bailey below involves a married couple, without children, who died within months of each other. Their Wills, properly drawn up, left everything to each other, but did not deal with who should inherit after they both died. The survivor was meant to make a fresh Will but died before he was able. This meant that their entire joint estate passed to the family of the husband (who was the last to die) rather than split equally between both sides of the family (which was argued would have been their wishes).
I am often met with the promise "We will do that/ amend that in due course" and this case supports my response that you may not be able to - either due to death or incapacity; or because the laws change in the meantime prohibiting you from doing so.
Wills are so important and often put to the bottom of the to do list. So when you get around to drafting yours, make sure it is correct and covers all eventualities. If you would like to discuss this further or require any assistance then please do get in touch.
Accordingly, although I have sympathy for the claimants, I must heed the warnings given in King v Chiltern and must consequently conclude that the strict requirements for a valid deathbed gift are not all met in any of the three claimed gifts, and that the claim fails.