{"id":727,"date":"2019-09-30T08:12:36","date_gmt":"2019-09-30T08:12:36","guid":{"rendered":"https:\/\/www.chrishegarty.com\/?p=727"},"modified":"2019-09-30T08:12:36","modified_gmt":"2019-09-30T08:12:36","slug":"rea-v-rea-why-you-want-a-good-solicitor-to-draft-your-will","status":"publish","type":"post","link":"https:\/\/chrishegarty.com\/?p=727","title":{"rendered":"Rea v Rea \u2013 why you want a good solicitor to draft your will"},"content":{"rendered":"\n<p>Wills\nare immensely powerful documents and, at the stroke of a pen, dispose\nof all of a person\u2019s worldly possessions. So a bit of care is\nuseful when preparing them.<\/p>\n\n\n\n<p>The judge in <a href=\"https:\/\/www.bailii.org\/ew\/cases\/EWHC\/Ch\/2019\/2434.html\">Rea v Rea [2019] EWHC 2434 (Ch)<\/a> was highly complimentary of the solicitor (Mrs Sukul) in this case:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Mrs Sukul gave her evidence with clarity and professionalism, as is to be expected of a solicitor with years of experience. It was supported by detailed contemporaneous notes. Mrs Sukul of course has no personal interest in the outcome of this claim. It seems to me that Mrs Sukul approached her instructions from Mrs Rea throughout with consummate care and skill and in a thoroughly professional manner. She gave highly sensible advice in recommending that her client obtained a mental capacity assessment. She recognised that the 2015 Will represented such a significant departure from the 1986 Will that careful precautions needed to be taken to ensure that Mrs Rea understood the implications and knew what she was doing. She addressed the concerns that presented themselves to her by going to considerable lengths to satisfy herself that Mrs Rea was acting with full knowledge of the changes to her will and their consequences. She likewise ensured to her satisfaction that Mrs Rea was acting of her own volition and without any pressure being exerted on her by others. If this level of care and competence was applied in every case there would doubtless be fewer disputes about wills coming before the courts.<\/p><\/blockquote>\n\n\n\n<p>Breaking\nthat down, the solicitor:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>\n\n\thad detailed contemporaneous notes\n\t<\/li><li>\n\n\ttook instructions carefully\n\t<\/li><li>\n\n\tadvised on mental capacity and the risk of a challenge \u2013 so to\n\tobtain evidence to reduce this prospect\n\t<\/li><li>\n\n\tnoted the issues arising when writing a radically new will which\n\twrote children out\n\t<\/li><li>\n\n\tensured that she was satisfied that her client was not being\n\tinfluenced by another\n<\/li><\/ul>\n\n\n\n<p>The\npraise from the judge is wholly deserved.<\/p>\n\n\n\n<p>Against\nthat independent evidential backgroud it is clear that the aggrieved\nchildrens\u2019 case was on the back foot.\n<\/p>\n\n\n\n<p>That\nwas borne out when their evidence was found, for two of them, to be\nunreliable; and for the third whilst honest it did not support the\ncase they sought to bring.<\/p>\n\n\n\n<p>The\nchallenge therefore failed and the will writing out three children in\nfavour of the one who cared for their mother was upheld.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Wills are immensely powerful documents and, at the stroke of a pen, dispose of all of a person\u2019s worldly possessions. So a bit of care is useful when preparing them. The judge in Rea v Rea [2019] EWHC 2434 (Ch) was highly complimentary of the solicitor (Mrs Sukul) in this case: Mrs Sukul gave her [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-727","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/posts\/727","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=727"}],"version-history":[{"count":0,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/posts\/727\/revisions"}],"wp:attachment":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=727"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=727"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=727"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}