Wills & Legacies article
An interview with Michael Cobbett, Partner at Ellis-Fermor & Negus
Michael Cobbett has worked as a Wills and probate lawyer for over twenty years. He is a partner at Ellis-Fermor & Negus Solicitors in Long Eaton Nottingham who are members of the Association of Christian Law Firms. We talked to him about what it’s like to help people with their Wills and why it’s an important act of stewardship for Christians.
Thinking things through
‘Clients who come to see me are often surprised when I explain that it is desirable to provide what should happen in different scenarios,’ says Michael. ‘If something unexpected happens, a Will should be written in such a way that it covers as many eventualities as reasonably possible. Sometimes, people just assume that what they leave behind will be distributed evenly among relatives in the way they would like. Unfortunately, it isn’t always the case – there are strict rules that apply – which is why it’s so important to see a solicitor and make sure things are thought through. However, I sometimes have to encourage clients to get on with making their Wills rather than delay because they are trying to cover everything - they can always add a Codicil later.’
A role of a solicitor is to listen to clients and help them think about their wishes. Michael has worked as a solicitor long enough to know what it’s like when people don’t leave a Will behind. “Most of us would like to make things easier for those grieving after we have died. If there is no Will or if there is one and it hasn’t been thought through properly, additional and unnecessary upset will often result.”
So that the Will is written in such a way as to avoid uncertainty, unambiguous language is needed. Clients are sometimes taken aback by legal jargon, says Michael. ‘But it can be very helpful to ensure there is no ambiguity when it comes to stating clearly the wishes of the deceased. The language does serve an important purpose, even though it might seem tortuous.'
It’s never too early to write your Will
Does Michael have any advice to those who haven’t yet made a Will? ‘Well, as long as they are over eighteen, I would encourage most people to think about having a Will drawn up. In particular, it can be very important for young couples to have Wills drawn up. They may not think they are needed at an early stage of their lives, but it’s an important aspect of taking care of loved ones. Suppose they have an accident together for example and one survives the other for a couple of months. The survivor’s family could take everything and the other one’s family may get nothing.’
‘Before you draw up your Will, it’s worth thinking about the future and looking forward as far as you can - for example, in the case of a newly married couple, providing for children who may come along in the future. That way you don’t have to keep going back to the solicitor every time something changes.’
Leaving a legacy
Michael’s work also involves helping his clients if they want to consider leaving a legacy. ‘As Christians, it’s important for us to follow principles of stewardship, orderliness and generosity. First and foremost, most of us have families for whom we want to provide. Some people want to look beyond their family and loved ones. They want to make a difference to society and leave a mark on the world after they’ve gone.’ Legacies are one way of doing this.
‘Sometimes people will leave a large amount to charity,’ says Michael ‘enabling an entire project to get off the ground that otherwise might not happen. Not everyone is the same. Some clients even prefer to leave it up to the executors to decide which charities receive a legacy gift - making their wishes known separately and trusting that they will be carried out. That is one way of ensuring they don’t need to keep changing their Wills if the charities in which they are interested change from time to time. However, it is normally much better and more straightforward to name the charity or charities in your Will.’
‘It’s great that Willpower is there to help Christians who are thinking about their Wills. It is also encouraging to see Christian charities working together in this way.’
Finding out more
If you need to write a Will, amend an existing one or want to discuss how you can leave a legacy, get in touch with your solicitor who will be happy to provide advice and guidance. If you do not have a solicitor and would like to find a Christian solicitor in your area, you can contact the Lawyer’s Christian Fellowship.