A 100 year old will dispute over the ownership of a Monet masterpiece has raised its head once again, highlighting the importance of using a lawyer to draw up your will, and make any amendments to it.
The painting ‘Lavacourt under Snow’ by Claude Monet is one of 39 impressionist paintings originally left to London’s National Gallery in the will of Irish born art collector Sir Hugh Lane, who died in 1915. However, it seems that Sir Hugh later changed his mind and decided to leave the paintings to Dublin City Gallery instead. He signed a codicil to his will to make the change, but did not have it witnessed, raising questions about the validity of the codicil.
The paintings have remained the property of the National Gallery, but have been periodically loaned to Dublin under an “amicable agreement” that expires in 2019. Dublin City Council is appealing for the paintings to be given to them permanently.
While we may not all have priceless paintings to pass on, families can fall out and disputes can arise over jewellery, antiques and family heirlooms.
Making a will provides the perfect opportunity to decide whom you would like your most treasured possessions to go to. While family members and friends may be at the top of the list, you may also want to leave some gifts to charity in your will. However, as Marie Tisdale, head of wills and probate lawyer at Ansons Solicitors in Lichfield explains, having your will or codicil professionally drafted by a lawyer and witnessed appropriately is the best way to ensure that your wishes are followed after you die.
“If your will is not properly signed or witnessed, it could be challenged and your wishes may be invalidated. The same applies to any codicil that you make to change something in your will at a later date. To be legally binding the codicil must be signed and witnessed in the same way as your will. If it is not, the codicil may be invalid and the contents of your previous wishes will stand,” says Marie.
Your lawyer can also provide evidence that you were of sound mind and not subject to any undue influence when you made the will. If necessary, your lawyer may also advise you to have a ‘letter of wishes’ stored alongside your will explaining your reasons behind certain gifts or omissions.
If you would like to make a will, or change your will, contact Marie Tisdale on 01543 267 981 or email firstname.lastname@example.org . Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.