An Increase In The Value Of A Gift In A Will Did Not Make The Will Invalid

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The case of Skillett v Skillett in the High Court this year has held that a change in the value of a gift in a Will did not mean the person making the will had lacked the necessary capacity to understand nor approve of the Will.

The Will left everything to Mr Skillett senior’s wife but if she pre-deceased him it left a plot of land to one son and cash gifts of £50,000 to the deceased’s three other adult children. The Will was made in 2011 and at the time the plot of land was worth about £50,000. However, by the time the deceased died it was worth £110,000. Therefore, one of the sons brought a claim arguing that his father lacked testamentary capacity and/or did not know and approve the contents of his Will.

The Judge said in the case that just because there was an inequality with value of the gifts at the time of death did not make the terms of the will irrational, nor invalidate it. There was evidence that Mr Skillett senior knew and understood the terms of his will and approved it.

If you instruct us to prepare your Will we will ensure we consider fully with you any risks associated with the fluctuation in value of testamentary gifts.

If you have not been provided for in a Will, or inadequate financial provision has been made for you, then Jennifer Carpenter as solicitor and partner in our Dispute Resolution department can advise you whether you have a claim.

All enquiries to [email protected].

Financial Affairs Legal Power Of Attorney

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We recently received this lovely testimonial for our Partner Melanie Pratlett;

I have been very satisfied with the care and attention that you and your team have given to this task, particularly in the circumstances caused by COVID.
Should I need further assistance in the future I would have no hesitation in placing  further instructions. 

Mr G Saffron Walden

There are a number of reasons why you might need someone to make decisions for you or act on your behalf:

  *   This could just be a temporary situation: for example, if you’re in hospital and need help with everyday tasks such as paying bills.
  *   You may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.

If you would like to know more about the different types of Power of Attorney which are available and how we can help you please contact Melanie Pratlett.