Do beneficiaries need a lawyer?

[LindaChristine]

Hi there, my elderly mother has recently been named beneficiary in her late husband's will. The estate lawyer has stated "We strongly encourage you to seek independent legal advice with respect to the Deed." Why? Is it absolutely necessary as my mother cannot afford unnecessary legal fees? Thank you

 

[Rob Legat - SBPL]

There’s no information to go off as to why the statement was made (plus, I’m not sure if it’s a regional thing, but a will is a will and not referred to as a deed - so could the solicitor be referring to something else?).

At an absolute guess, it may be that the will doesn’t appear to make sufficient provision for her in the estate. Or, it could just be a standard statement by the solicitor to make it clear he’s not giving any advice to her.

 

[LindaChristine]

There’s no information to go off as to why the statement was made (plus, I’m not sure if it’s a regional thing, but a will is a will and not referred to as a deed - so could the solicitor be referring to something else?).

At an absolute guess, it may be that the will doesn’t appear to make sufficient provision for her in the estate. Or, it could just be a standard statement by the solicitor to make it clear he’s not giving any advice to her.

Hi Rob(?)

Thanks for the speedy reply. The statement referred to the Deed of Release and Indemnity to which she has to respond acceptance or dispute. All appears to be in order and she is not disputing in any way. I concur that it is a standard statement and there is no need to engage a lawyer to accept the contents of the document in question. Any thoughts?

 

[Rob Legat - SBPL]

A usual effect of a deed of release is to absolve the executor of any further claims against the estate once it is distributed to the beneficiaries - a key outcome being that if there is a claim made, then the beneficiaries may have to pay back into the estate to cover costs and any awards.

Of course, there could be further provisions in the particular deed.

Ultimately, it is up to your mother to consider her circumstances and what's in the deed to make a decision as to whether she should seek legal advice. Advice as to legal rights and obligations is always prudent, but commercial reality for clients usually dictates that the cost/hassle of doing so is weighed in as well. There's no way to tell whether or not the advice is 'needed' without going through the exercise of considering the deed and your mother's situation.

 

[LindaChristine]

A usual effect of a deed of release is to absolve the executor of any further claims against the estate once it is distributed to the beneficiaries - a key outcome being that if there is a claim made, then the beneficiaries may have to pay back into the estate to cover costs and any awards.

Of course, there could be further provisions in the particular deed.

Ultimately, it is up to your mother to consider her circumstances and what's in the deed to make a decision as to whether she should seek legal advice. Advice as to legal rights and obligations is always prudent, but commercial reality for clients usually dictates that the cost/hassle of doing so is weighed in as well. There's no way to tell whether or not the advice is 'needed' without going through the exercise of considering the deed and your mother's situation.

Thanks for your time and energy Rob. I feel we can proceed clearly using your advice. Have a great day.