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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33954
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother died earlier this year and my father is reviewing

Customer Question

My mother died earlier this year and my father is reviewing his will. He has two sons and his main wish is to divide his estate equally between us. My wife is in the exact same position with her mother. We also have two children and are reviewing our wills. The main element of both our parents estates are their houses. I have calculated that under present IHT rules, mine/my wife's estate could easily be subject to IHT on our death. Much of that could be avoided if part of my proposed inheritance was passed on directly to my children (and the same with that on my wife's side). My wife and I agree to that. We need to request that our parents wills are written accordingly (i.e. our inheritance is reduced by an amount equal to that which in total is passed on to each of our two children). Neither my father nor my brother have any objection to this but there is a concern that this might be considered "undue influence" in the writing of these wills and thus invalidate them.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

There is no need for concern - this is about estate planning and being sensible.

Undue Influence implies that one person is using their influence to ensure their own advancement

I hope that this is of assistance - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33954
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you. You have confirmed my understanding, but I felt I needed that confirmation. My brother has also been married for many years (with two children) and both his wife's parents have now died. His mother-in-law died just over a year ago. In dealing with her estate he says he was required to swear that he had not influenced the will and that was where the concern stemmed from. I have looked at on-line at samples of the Oath for Grant of Probate and I see no reference to swearing anything about influencing the will. Can you explain if that is normal or if you are required to swear such an oath for different legal reasons?
Customer: replied 10 months ago.
Also is "undue influence" an argument against written a will yourself (as opposed to employing a solicitor) ?
My dad's estate will be his house and chattels, three bank accounts and a small life insurance policy and he intends to split that equally between the families of his two sons. We do have to cover the unlikely, but possible events of us predeceasing him, but everything else is quite straightforward.
Customer: replied 10 months ago.
Sorry, I may be confused by your website. Can you answer my follow-up questions please?
Expert:  Clare replied 10 months ago.

There is no such requirement - your brother may have misunderstood the document

You are always free to write your own will - but in fairness solicitors make more money dealing with Home made Wills which have gone wrong than they do from ones the draft!

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