Warning English culture can damage your family's wealth (From Asian Image)

Warning English culture can damage your family's wealth

6:20pm Wednesday 18th August 2010 in

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I had a visitor at the office recently, a very puzzled man who could not understand a situation that had arisen.

Both his parents had died and they had given him strict instructions as to what should happen to the family home.

As a dutiful son he had followed those instructions to the letter, but now everything had gone wrong.

His sister had turned up out of the blue and demanded her rights under English Law.

I had to explain to him that even though he had carried out his Parents wishes, because they were not written down properly, they could be challenged under English Law I had to advise him that his sister was within her rights to demand a share of the Estate and if he did not meet her demands he himself could be in trouble with the law.

If his parents had made a Will, they could have written down exactly what they wanted and the Courts of England and Wales would have enforced it.

There are two lessons to be learned here. Firstly, something everyone should realise without thinking is that the traditional ways of England are very different from the traditional ways of other homelands. However, and more importantly, if you wish to pass the wealth you have accumulated down through your family in the traditional way you can do so.

When you write out a Will in England, if you explain to your Solicitor exactly what you want, he (or she) will be able to see that your wishes are carried out.

It is acceptable to do almost as you wish with whatever assets you have accumulated during your life.

If you wish to frame a Will so that it fits in with Islamic Law, you can do so. If you wish to leave your assets according to the traditional ways of your State, Country or Family it is open to you to do so.

However, if you do not make a written Will, properly with guidance from a Solicitor, then your estate will be dealt with the way the English traditionally deal with their assets.

This may or may not suit you. The advice therefore is to consult a Solicitor for advice, to make sure that your wishes are heard and acted upon.

Patrick Flaherty is Property Director at Leigh Bailey Solicitors and can be contacted on 01772 701234.