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ARTICLE · 07 SEPTEMBER 2015

No Small Matter

Wedlake Bell LLP
Wedlake Bell LLP
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Another poorly drafted will, another legal wrangle for beneficiaries to inherit; what will it take to convince testators to take greater care?

United KingdomFamily and Matrimonial

Another poorly drafted will, another legal wrangle for beneficiaries to inherit; what will it take to convince testators to take greater care?

The attention around the estate of Ebenezer Aregbesola and the lawsuit against Barclays for a badly drawn will, highlights the need for caution when being lured by the prospect of a cheap '£100' will.

Mr Aregbesola had used Barclays' £90 will-writing service to deal with his various assets. Under the terms of his will, he gave his half share in his London home to his daughter, Tinuola Aregbesola. The property, however, was owned as joint tenants with his wife and Barclays failed to sever the joint tenancy when they drafted the will.

This meant Mr Aregbesola's share in the property passed by the rule of survivorship to his wife, who was not Tinuola's mother, and could not pass under the will. This means Mrs Aregbesola is legally entitled to the property and can bequeath it as she pleases.

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