Congratulations to the publicity department at Kent firm Furley Page for spotting a legal angle to the death of heavy metal legend Ozzy Osbourne.
‘Ozzy’s personality has made his will a complex affair, and one of his final romantic gestures could cause some headaches for his estate,’ opines associate Francesca Hayward in a press release. One issue, she explains, is the rumoured provision for widow Sharon to receive a dozen black roses every week for the rest of her life.
‘It is perfectly acceptable for anyone to include personal wishes in their will alongside financial instructions. However, if the clause is expressed as a wish rather than a legal obligation, it is not enforceable. But, if phrased as a direction and backed by an appropriate trust structure or conditional gift, it could impose a legally binding duty on the executors or trustees.’
Such symbolic gestures ‘can be powerful expressions of love, but they need to be carefully drafted to avoid confusion and inadvertently triggering disputes over interpretation’, Hayward warns. Obiter, who has had a surfeit of experience as an executor, couldn’t agree more.
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