Breakwalls for FP Claims - s100 statements

Breakwalls for FP Claims: section 100 statements can be a useful breakwall against the wave of evidence filed by a prospective claimant. 

These statements are typically prepared by a Will maker at the time of signing their Will, and set out the background and reasoning for why the gifts in a Will are structured to reduce the benefit or wholly exclude a person from a Will.

The statements are admissible in court and allow a Will maker to give evidence from the grave. 

Without evidence from the Will maker, the waves of evidence from a claimant are difficult to oppose, particularly as it relates to the relationship between the claimant and the Willmaker, details of which may only be known by the two people in question.

A well drafted s100 statement lessens the impact of the claimant’s evidence and may give the court a basis to reject the claim. 

We prefer the statements to be in a separate document rather than in the Will itself, as a wide range of persons are eligible to receive a copy of the Will on the death of the Will maker. The statements may cause unnecessary distress, hurt and motivation to claim if contained in the Will. This is contrast to a separate s100 statement that can remain confidential and only be utilised upon a claim being made or as a deterrent to a claim when one is foreshadowed.

If you or your client/friend/family member has a Will or estate that may be subject to a claim then consult the experts at Morris Succession Lawyers!

Pictures: North Haven Breakwall near our Laurieton office.