• March 29, 2024
 The not so ‘Young One’ who didn’t think ahead

The not so ‘Young One’ who didn’t think ahead

Probate records recently revealed that the late comedian Rik Mayall failed to make a will during his lifetime, despite a near death experience which saw him suffer serious head injuries following a quad biking accident in 1998.

Mayall enjoyed success over a career spanning 30 years and being one of the leading ‘alternative’ comics in the 1980s, his success continued right up until his death in June 2014.

Of course, by not planning for the future, the consequences of not having a will forced his estate to be dealt with under the rules of intestacy. The effects of that will are to be felt by his family, as they may be penalised financially. Of course it is not apparent if he merely failed to write a will or indeed if he had one in place which was not properly drawn up.

Are you currently dealing with similar cases? Is this something you see regularly?

Andrew Kidd, a specialist probate solicitor and partner in London law firm Clintons, said: “Writing a will is always preferable and this case illustrates the importance of having one. We have a proud tradition in this country of being able to decide who inherits our assets when we die. The only way to take advantage of that tradition is to make a will.”

How would you have advised his family in this matter?

According to new research, as a nation, Brits’ post-life planning is not a priority, with almost two thirds (61%) of people not having a will in place. One in ten of those surveyed who do have a will have told no-one where it is. Have you experienced this? Do you find some clients deliberately withhold the contents of their will to prevent family rifts during their lifetime? It’s an emotive subject and unfortunately in some instances brings out the worst in people when a loved one has passed. Do you experience this type of behaviour from family members when dealing with probate?

The survey by Foresters Friendly Society and ICM found that a quarter of Brits have never thought about writing a will (24%) and a similar number (23%) think they are too poor to have one. Is this something you hear often? Do you regularly come across instances where a person feels they have nothing of value and do not consider it necessary to make a will – even if they have young children or a property with a mortgage?

Nearly half of those aged between 55 and 64 have not made a will (46%), with over a fifth having never thought about making one (22%). More than one in eight (13%) are relying on self-written wills, the validity of which is more likely to be challenged upon death.

The research was conducted by Neil Armitage, Marketing Director at Foresters Friendly Society, who believes people are facing significant risks by not creating or maintaining their wills.

He said: “Our research has shown that Brits just aren’t planning for a future without themselves in it. People either don’t have wills or haven’t updated them or told people where they are. It’s a great risk to run when the fate of young children and a great deal of money is at stake. This is naturally a subject that people try to avoid but it’s crucial to face up to the inevitable.”

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