Where there’s a will……
October 20, 2009 by DarrenSylvester
Filed under Darren Sylvester
As a result of my e-book ‘How to Have The Ideal Will’ I have recently been recommending to elders I know to make a will and/or to make a codicil (an amendment) to their wills (if necessary) and/or to review and revise the wills they already have in light of different mindsets, changes in circumstances, tax advantages, etc…. I have also been advising couples whom I know are cohabiting to really discuss these matters and put their actual intentions in writing in light of the latest Court of Appeal decision in Fowler v Barron [2008] EWCA Civ 377 where Arden LJ said the test for the court was to determine the parties’ shared intentions in respect of the property and referred to Lord Diplock’s statement in Gissing v Gissing [1971] AC 886 where he explained that the relevant intention for the court was the intention that had been ‘reasonably understood’ by each of the parties from their words or conduct, rather than any actual, but secret, intention that would not have been apparent to the other party.
I now reach out to those members of this site to also attend to such matters, thereby minimising the prospects of uncertainty and ambiguity arising at a future time.
Darren Sylvester
Website: www.darrensylvester.com
Blog: www.interalialegal.com
Darren Sylvester’s e-book entitled “How to Have The Ideal Will” is available in text and audio forms and priced at £3.99 and £6.50 respectively.





Very usefull when you need it. I agree.
Excellent advice. Many people will take the time to put a will together but after several years they don’t even think about updating it. How often would you recommend updating a will?
There is no hard and fast rule about updating a will, but doing so when circumstances change is always advisable.
Kind regards and best wishes for 2010.
Darren Sylvester