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The Danger of Will Writing Services

A daughter has lost her stake in her father's home after she was deprived of her inheritance due to a botched will from a will-writing service.Ebenezer Aregbesola used Barclays' £90 will-writing service to create a will to hand down his inheritance to members of his family. His will instructed half of the London home to be given to his daughter,Tinuola Aregbesola, on his death.

However, the property was jointly owned by Mr Aregbesola and his wife, meaning that despite the will, the estate was passed down to his wife, who is not Tinuola’s mother. The matter has since gone to the High Court despite a ruling from the Financial Ombudsman, which stated that Barclays should pay some sort of compensation for their error.

Danger of DIY Wills

Barclays should have severed the joint tenancy agreement, the court document alleges. This would have enabled half of the property's value to pass as instructed to his daughter. As this was not done, the wife of Ebenezer is now entitled to the whole property that she can now bequeath as she pleases.

The Barclays incident highlights the issue of the cheap "DIY" wills that often do not reflect accurately their owner's wishes. While a DIY may seem like a cheap option, it can lead to higher costs in the long term, with many people having to take legal action to ensure the will is carried out. While many people die without a will, DIY wills often do not take complex family circumstances and property agreements into account and can lead to estates being passed down to different people.

The Financial Ombudsman concluded: "The half-share in the property in London cannot be gifted to Miss Aregbesola in accordance with the late Mr Aregbesola’s wishes.

"There is no subsequent right for this to be contested with the co-owner in a court of law. Had the bank referred Mr Aregbesola’s will instruction form to its solicitors I am aware [the solicitors would] issue the notice of severance as a matter of good practise.

"In order to resolve the complaint we would usually ask the bank to put the consumer back in the position they would have been had the correct steps had been taken in the first instance.

"Unfortunately, the share in the property in Balham is incapable of being gifted now. Therefore, I would ask Barclays to come up with a settlement that would fairly and reasonably resolve the complaint – taking into consideration the value of the property and the intended gift."

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