Category: Trusts, Wills & Probate

  • Brother and Sister battle in High Court over £100m inheritance

    Louise Reeves had been fighting her brother Bill Reeves in the High Court over how their property tycoon father Kevin’s £100m fortune should be distributed.

    Kevin had previously intended to leave Bill a share worth about £27m, but his final Will in 2014 left him with just a collection of personal possessions worth about £200,000.

    High Court judge Mr Justice Michael Green ruled that the Will was invalid, since Louise could not prove that her father ‘knew and approved’ of its contents. He found that ‘very materialistic’ Louise probably ‘engineered’ the will and had not proved that ‘illiterate’ Kevin knew and approved of its contents.

    It meant Louise and Bill will instead each receive £27m, with the rest split between their half-sister and other family members.

    The Judge also ordered Louise to pay 70% of Bill’s legal expenses, which are estimated to be more than £1m.

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Former footballer turned agent, Barry Silkman wins £800,000 legal battle over ex-wife’s estate

    Barry Silkman, a former Manchester city footballer turned agent, has won an £800,000 court action over his ex-wife’s estate.

    Mr Silkman sued Gaven Love over the Will of Ally Fuller. Mr Silkman split from Ms Fuller in 2003 and she became engaged to Mr Love in 2007.

    Ms Fuller died of cancer in 2016 and left her estate to her daughter. No share of a house was included in the estate as it was bought in Mr Love’s sole name.

    Mr Silkman – as administrator of Ms Fuller’s estate – sued for a share of the property claiming it belonged to his ex-wife and so should go to their daughter as Ms Fuller put significant funds into the property.

    Mr Silkman won his case after a judge ruled that the daughter “should not be kept out of her inheritance”. He relied on a letter written by Ms Fuller and later discovered unsent on her computer.

    Addressed to Mr Love and titled “a few home truths” it set out that it had been agreed between them from the start that the house would be both their property.

    The judge ruled that there had been an agreement that Ms Fuller and Mr Love be joint owners by way of a “common intention constructive trust” and therefore half the equity in the house should go into Ms Fuller’s estate.

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Time to Make a Will?

    Time to Make a Will?

    During the current pandemic, sadly we have received a lot of calls from people whose minds have been focused on getting their affairs in order and enquiring about making a will. This is not a bad thing and a lot of clients have taken the opportunity to leave a gift in their will to charities who are sadly struggling with reduced funding at this difficult time.

    As we move towards thinking of giving gifts at Christmas again a lot of our clients are  making a will and leaving a legacy to a local or national charity as a way of giving in the future when they themselves may be finding times hard. If you are wondering about what is involved, here are some frequently asked questions that may help.

     

    1. Why should I make a will?

    If you do not make a will, then the law decides who inherits your assets on your death rather than you deciding. This could mean cohabitees, friends and charities all lose out in favour of a distant relative with whom you have no close relationship. It is also an opportunity to consider how assets can be protected from possible care home fees.

     

    2. How much does a will cost?

    A basic will for a single person costs £150 plus VAT. Mirror Wills for a couple cost £200 plus VAT. If your circumstances require a more complicated will, you will be given an individual quote at our initial free first appointment. There are also some charitable schemes we use where the charity will cover the cost of your will.

     

    3. What do I need to bring to my first appointment to make a will?

    Two forms of ID plus an idea as to what you would like to happen to your assets when you pass away. Also, the names and addresses of people you would like to mention in your will. At the moment we are also offering remote appointments without the need to come to the office.

     

    4. How long does it take to make a will?

    After the initial appointment we will send you a draft to approve then meet again to sign your original will. This typically takes a couple of weeks, but if necessary, we can usually turnaround your will within one week. Again, at the moment we are also enabling remote signing without the need to attend the office.

     

    5. Can a beneficiary also be an executor?

    Yes, but a beneficiary cannot witness your will. If we prepare your will, and you are attending at the office to sign your will, we will provide the witnesses and ensure your will is executed correctly.

     

    6.Why do I need a grant of probate if I have a will?

    Probate is the process of confirming a will is a valid will, it is the final will of the deceased person and the people wanting to use the will are in actual fact the executors named in the will. Probate will be necessary where there are bank accounts with significant sums in and always when someone owned a property when they died.

     

    Although our Saddleworth clinic remains closed for the time being, our Oldham office is open for client’s by appointment. We are still offering our free, confidential, initial clinic advice over the telephone on divorce, children matters, domestic violence, accident claims, disputes, property, wills, probate, powers of attorney company and employment issues.

    Please telephone 0161 624 6811 for a confidential telephone appointment with one of our specialists.

  • George Michael ‘s ex-boyfriend Kenny Goss in legal dispute over singers estate

    George Michael ‘s ex-boyfriend Kenny Goss has reportedly commenced a legal claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975  for a monthly allowance of £15,000 from the late star’s estate, as he wasn’t left anything in George Michael’s will.

    The Act enables certain categories of people to apply to the Court and make a claim against a deceased person’s estate, alleging that the deceased did not make reasonable financial provision for them.

    Goss says he was reliant on George’s money and should therefore be provided for. He says he gave up his career as an art dealer to look after George while they were in a relationship and was looked after by George financially.
    George left most of his £97.6 million fortune to his close friends and family when he died.

    We have helped a number of clients where they have been faced with a dispute over a Will. Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Solicitors braced for contentious probate spike caused by lockdown wills

    There is concern that the number of Wills drafted as a result of panic have potentially not been witnessed properly or executed validly due to Covid-19 restrictions in place.

    The legal requirements for the execution of a valid Will are set out in Section 9 of the Wills Act 1837. It requires wills to be signed in the presence of two or more witnesses.

    Lockdown and social distancing rules have meant that it is difficult to adhere to these provisions and validly execute a Will. This has led to the Government announcing that Wills can be witnessed remotely via video conferencing software e.g. Zoom, Skype etc and that this will be backdated to 31 January 2020.

    However, these changes may cause further issues and a “spike” in the number of potential contentious probate cases with doubt being cast over remotely witnessed Wills on the basis of undue influence occurring behind the camera and in respect of the individuals capacity to make the Will.

    The nature of the pandemic has resulted in a significant increase in the number of Wills being prepared by individuals and to the number of instructions being given to lawyers.

    Many individuals have been creating a homemade Will for the sake of speed and cost-saving, however, homemade Wills risk being poorly drafted or ineffective due to failing to validly execute the Will and misspelling of names.

    Due to pressure to execute Wills in a very short space of time also raises issues as to whether individuals have received informed advice, whether the issues of capacity to make a Will has been properly assessed and also as to whether the Will has been properly executed.

    The remote witnessing of Wills may prove fertile ground for challenges to Wills based on undue influence, lack of knowledge and approval and lack of capacity to make the Will.

    We have helped a number of clients where they have been faced with a dispute over a Will.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Making a Will during the pandemic

    Making a will has been something more and more people have wanted to do as the worries of COVID19 have pressed heavily on their minds. Making a will is something many of us plan to do but put off for a variety of reasons and it is only at times like we find ourselves in now that it is pushed to the forefront of our minds. It is however essential if you want to avoid the law stating who should inherit your estate, if you want to provide for unmarried partners or appoint guardians.

     

    The process of making a will has been complicated by social distancing and isolating but it is not impossible. Telephone, garden and video appointments with a solicitor have been available with most firms and witnessing a will has often been done by neighbours in a garden or by watching through a window. A will is only valid if witnessed by two independent witnesses present when the will is signed. On rare occasions when this has not been possible, for example due to hospitalisation, then video witnessing has taken place and due to a change in the legislation this has now retrospectively been made legal for a limited period of time. This procedure is however open to abuse and should only be used as a last resort.

     

    If you are considering making a will ,or need help with the Probate of a will, and want to see how this can be done at this time the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou or Jyoti Patel on 0161 624 6811 or email us on rld@wrigleyclaydon.com or jxp@wrigleyclaydon.com

     

    Whist our Saddleworth clinic remains closed our Oldham office is now open for clients by appointment. We are also still offering our free initial clinic advice over the telephone on divorce, children matters, domestic violence, accident claims, disputes, property, wills, probate, powers of attorney, company and employment issues. Please telephone 0161 624 6811 for a confidential telephone appointment with one of our specialists.

  • Sister wins inheritance after Solicitor’s cat knocks over legal papers to uncover Brother’s lost will

    Venetia Murray has been awarded £2m following an inheritance dispute.

    Venetia’ brother Dean Brunt died in 2007 and was thought not to have made a will.

    His share of a £6m farm he, his brother, Dale, and Venetia owned went to his mother, who then gave it to Dale.

    However, Venetia discovered the existence of two wills made by her brother in 1999 and she pursued a claim against Dale and the mother’s claims.

    It was claimed that one of the wills showed “crucial evidence” of Dean’s intention to give his sister half his wealth. This will was found when a solicitor’s cat knocked over a pile of papers about to be shredded in the solicitor’s office.

    At the High Court in London, Judge Teverson rejected claims by Dale and his mother that the wills were forged, and ruled that Venetia will get half of Dean’s share of the farm.

    Judge Teverson said there was a “substantial amount of evidence” that Dean had talked in the late 1990s about having made a will.

    It was claimed that Dean had told friends he had done what his grandfather would have wanted, leaving his share of the farm to his brother and sister, with his mum getting nothing.

     

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Relief for bereaved families

    When someone passes away, banks and building societies will typically freeze their accounts and if the balance in the account is significant, they will require an official document known as a Grant of Probate or Letters of Administration before most of the money can be released. This process can take months.

    However, some of Britain’s largest banks are increasing the amounts of money they will release from customer accounts to bereaved relatives without them first having to apply for a Grant.

    This is welcome news for many bereaved families, but concerns have been raised that as a result of the informal waiving of probate requirements the system could now be open to abuse. There are a number of practical issues that that need to be considered such as large amounts of money falling into the wrong hands and the implications this can have on the administration of an estate .For example  recouping money that has been paid out to the wrong person or  keeping track of the amounts of money due to the estate and how they should be shared out  can be difficult. This can also result in family disputes.

    With this in mind it is even more important to ensure that you have a Will. By having a Will, you can set out your wishes and appoint an executor or executors who you trust and know will administer your estate in accordance with your wishes as set out in your Will. If you have a will, the banks and building societies can only release your money to your chosen executors.

     If you would like to discuss making a Will or wish to review your current Will the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou or Jyoti Patel on (0161) 624 6811 or email them at rld@wrigleyclaydon.com and jxp@wrigleyclaydon.com.

    Our offices are now open for clients by appointment and we hope to reopen our Saddleworth clinic very soon.

  • A Helping Hand

    Many people will have been isolating over recent months and some will be continuing to do so. It is at times like these that we realise how much we depend on others to help us out and that it’s essential to have a good network of people we can rely on. However, those we rely on need to have the tools to enable them to help us. During lock down many people have found a Lasting Power of Attorney was invaluable and many others have come to realise the need to have one.

     

    So what is a Lasting Power of Attorney?

    In its simplest form it is a legal document that you sign authorising someone to help deal with your affairs if necessary.

     

    Why can my next of kin not help me without one?

    More and more authorities are now requiring a Power of Attorney because sadly individuals have been taken advantage of by their family.

     

    Why should I make one now when I am fit and healthy?

    If you wait until you sadly have lost mental capacity due to illness or dementia it will sadly be too late for a Power of Attorney.

     

    How can I make a Power of Attorney?

    You can download the forms from the Office of the Public Guardian website or contact a solicitor. A solicitor will be able to act as the witness to your signatures and also carry out the assessment necessary to confirm you have the ability to make the Power of Attorney. Please call 0161 624 6811 or email rld@wrigleyclaydon.com and one of our team will be happy to answer any questions you may have and the prepare the paperwork for you if you decide to proceed.

  • Dying to be heard

    Dying to be heard

    11th to 17th May 2020 is “Dying Matters” Awareness Week. The aim of this organisation is to encourage people to talk more openly about death, dying and bereavement. This is often a difficult subject to broach, but it is a natural process that we will all experience.

     

    The theme this year is “Dying to be heard” and people are encouraged to talk amongst other things about their end of life wishes such as their funeral. A will is an ideal place to indicate your funeral wishes and also to lay out how you would like your money, property and possessions to be passed on when the time comes. It is a simple way to take the worry and stress out of what is inevitably a difficult situation for your loved ones.

     

    If you would like to talk about making a will our team will be happy to help. Please contact us for more information on 0161 624 6811 or email rld@wrigleyclaydon.com

    Need help making a will? Here’s what you should know…