Testamentary intention vs formality - Conwy Wills and Trusts Ltd

Legal Wills

Barnett v Bem: When Good Intentions Aren’t Enough

Principal 22 September 2025

Barnett v Bem (2012) is a cautionary tale about how even the clearest intentions can…

Recent Posts

Estate Planning in North Wales22 May 2026

A practical guide to estate planning in North Wales, including wills, trusts, LPAs, family protection, and why proper planning is not just for the wealthy.

LPAs Explained in Plain English22 May 2026

LPAs explained in plain English, including the two types of Lasting Power of Attorney, why they matter, who can act as attorney, and what can happen if you leave it too late.

Do I Need a Trust in My Will?22 May 2026

Not everyone needs a trust in their will, but for some families, trusts can provide valuable protection for property, children, vulnerable beneficiaries, and future inheritance. Learn when a will trust may, or may not, be appropriate.

What Is a Will Trust?22 May 2026

A simple explanation of what a will trust is, how it works, and why it can be useful for protecting property, children, vulnerable beneficiaries, and family inheritance.

Deprivation of Assets and Care Fees: Why Giving Things Away Is Not Always the Clever Plan It Looks Like5 May 2026

Care-fee planning is not as simple as giving away the house and hoping the council looks the other way. This article explains deprivation of assets, when lifetime trusts or FLITs may be legitimate for wider estate planning, and why intention, timing and proper evidence matter.

Can a Will Be Challenged for Undue Influence or Fraudulent Calumny?15 April 2026

Not every challenged Will is about capacity or paperwork. Sometimes the real issue is pressure, manipulation, or one person poisoning the testator’s mind against another. Undue influence and fraudulent calumny are difficult to prove, but they matter hugely, which is why proper questioning, privacy, and detailed attendance notes are such an important part of good Will writing.

Vulnerable Person Trusts vs Discretionary Trusts: What’s the Difference and Why It Matters.22 January 2026

Choosing the wrong type of trust can have serious and expensive consequences. The Supreme Court case of Pitt v Holt is a powerful example of how well intentioned planning went badly wrong. Personal injury compensation was placed into a discretionary trust to protect benefits, but the trust triggered an unexpected and substantial tax charge that could have been avoided with the right structure. In this post, I explain the key differences between Vulnerable Person Trusts and standard Discretionary Trusts, why they are not interchangeable, and how tax and benefits treatment can vary dramatically. I also look at why careful drafting matters and how a simple mistake can lead to years of litigation and unnecessary cost. If you are planning for a vulnerable beneficiary, this distinction really matters.

How Vulnerable Person Trusts Can Protect Benefits and Long Term Security14 January 2026

A Vulnerable Person Trust can be the difference between meaningful support and an expensive mistake. Many people don’t realise that leaving money directly to a vulnerable person can result in the loss of vital means tested benefits. This type of trust allows funds to be used for someone’s benefit without being treated as theirs, protecting both financial security and entitlement to support.

Trusts and Estate Planning23 December 2025

What trusts are available, what they do, and when they make sense Trusts are not about hiding money or playing games with HMRC. Used properly, they are legal tools that help people control who benefits from their assets, when they benefit, and on what terms. Used badly, they are expensive disappointments. Below is an overview… Read more

Your Will Doesn’t Control Everything!23 December 2025

Most people assume their will controls everything after death. It doesn’t. Many assets pass automatically outside the estate — including property, pensions, and joint accounts — often overriding the will entirely. This article explains what bypasses probate, why families are often shocked, and how proper estate planning brings everything back into line.

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