Wrigley Claydon Solicitors

Category: Disputed Wills and Estates

  • What happens if I die without making a Will?

    Liam Payne made headlines recently when it came to light that he had died without making a Will. His £24.3 million fortune was left to his young son, Bear, (when he reaches the age of 18) under the rules of intestacy.

    The rules of intestacy are set out in the Administration of Estates Act 1925 and follow a strict order of priority.

    1. Spouse / civil partners.
    2. Children
    3. Parents
    4. Siblings
    5. Grandparents
    6. Aunts and uncles.
    7. The Crown (Bona Vacantia).

    Under the rules, Liam Payne’s long-term girlfriend and wider family are set to inherit nothing from his sizeable estate. This case isn’t rare, and has made headlines due to his celebrity status. His situation highlights the importance of estate planning and making a Will and raises some uncomfortable truths:

    1. Unmarried partners are afforded no legal protection.
    2. Dying without a valid Will in place means your estate may not be distributed in a way you would have wanted.
    3. There is no control over when and how young heirs receive the inheritance.

    We don’t like to discuss or even think about death particularly at such a young age. However, putting your wishes in writing ensures your wishes are carried out and protects your loved ones.

    If you would like to discuss any queries in relation to making a Will, the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 (option 3) or RLD@wrigleyclaydon.com.

  • What is Inheritance Tax and how will it affect me?

    Commonly dubbed as Britain’s most hated tax, Inheritance Tax is only currently payable on around  4% of estates. The value of an estate above the inheritance tax threshold is charged at 40% when people die. In her Autumn Budget 2024, Rachel Reeves announced the thresholds are to be frozen until at least 2030.

    With the continuing rise in house prices, and unspent pensions now set to form part of the estate from 2027, it is estimated that double the number of estates will now become chargeable. Will it affect you?

    • An individual’s estate will only become taxable if it worth over £325,000.00. This can double to £650,000 for married couples or civil partners, where the first to pass away has not used their individual allowance.
    • The residence nil rate band increases the threshold by up to £175,000.00 for those individuals leaving their home to direct descendants (i.e. children whether step or adopted, and grandchildren etc) and can also be inherited by a surviving spouse. This uplift gives a potential boost of £350,000.00 and creates a maximum joint inheritance tax threshold of £1 million.
    • If couples are not married or an estate is worth more than £2 million, this allowance can be reduced significantly.

    To ensure efficient tax planning on your death, a Will is essential.

    If you would like to discuss any tax planning queries or would like to make a Will, the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 (option 3) or RLD@wrigleyclaydon.com.

  • Invalid Wills

    The Price of an Invalid Will:

    Two recent cases in the press have highlighted the importance of a properly drafted and executed Will. Instructing a solicitor to draft your Will may seem expensive, however an invalid Will can also prove to be pretty costly.

    Margaret Baverstock was so unwell when she signed her Will in 2021 that she ‘could barely flicker an eyelid’ Judge Evans-Gordon noted when Margaret’s son, John, contested the home-made Will drafted by his sister, Lisa. He challenged the Will, that appointed Lisa as the sole executor and beneficiary, on the basis of a video provided by Lisa which showed her manipulating her mother’s hand to sign the Will. The Judge ruled that Margaret lacked the necessary testamentary capacity and ruled the Will invalid. As a result, the estate is to be split equally between John and Lisa, with Lisa bearing her brother’s legal costs amounting to a cool £80,000.00.

    In another case, “Legal Love Letters” were instructed to draft a new Will for Dr Rosemary Hill just days before she died. The Will gave bequests to numerous charities.  The Will however was unfortunately deemed invalid as only one witness was present when Dr Hill signed her Will at home.  The charities that lost out on the bequests are now taking legal action against this unregulated Will drafting business.

    One way you can ensure that a Will is valid and has been drafted correctly and as per your wishes is by instructing a solicitor to draft and witness the same. Home visits are often available if you or a relative would like help in making your Will. Please contact the team at Wrigley Claydon who will be happy to help.  Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 option 3.

  • Three brothers win court battle with tennis coach sister over mother’s £1m will

    Three brothers, David, Nino and Remo Rea have succeeded at the High Court in a claim against their sister, Rita Rea when the brothers were cut out of their mother’s will.

    Their mother Anna left nearly all her estate, totalling circa £1m to her daughter in 2016, however, the Judge said the evidence suggested Rita had exercised ‘undue influence’ over her  mother such that she was ‘overborne’.

    ‘First, there is Anna’s frailty and vulnerability,’ he said in his judgment. ‘Wheelchair-bound, hard of hearing, and requiring constant care and attention, Anna’s quality of life was limited.

    ‘She seemed to spend much of her life colouring in children’s books. This is to be contrasted with what I find to be Rita’s argumentative and forceful personality, and her forceful physical presence.’

    Anna’s estate will be split four ways, as directed by the earlier 1986 will.  The judge stated that he would give Rita  21 days to launch a challenge to the decision with the Court of Appeal.

    Our Litigation Solicitors have handled cases involving;

    • Pursuing or defending Inheritance Act claims
    • Probate claims, including disputes as to the validity of Wills due to allegations of lack of capacity or undue influence and seeking to prove Wills.
    • Applications in respect of the removal or appointment of Personal Representatives or trustees
    • All aspects of contested claims between beneficiaries, personal representatives, Executors and trustees in relation to estates and trust funds

    Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com.

     

    Will Dispute
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • Burger van chef wins fight to keep £5m inheritance from customer

    Sam Jones, a burger bar chef will be allowed to keep the £5million left to him by David Turner “an eccentric businessman” after the millionaire’s estranged sister, Mrs Cano failed to have his will struck out.

    Sam Jones first met David Turner at his burger van.

    The High Court heard that Mr Turner treated Mr Jones ‘like a son’ but decided to cut his sister out of his Will completely, branding her a ‘conniving b***h’.

    In a new a Will drawn up in 2013, Mr Turner left everything to Mr Jones and other close friends. The Will was challenged by his sister, because a copy of his original Will has never been found.

    Mrs Cano argued that it couldn’t be proved that her brother had not destroyed his original Will after changing his mind about who he wanted to inherit his estate.

    She asked the judge to nullify the 2013 Will, which would have left her free to inherit under the laws of intestacy, because no other Will existed, and she stood in line as next of kin.

    However, Master Matthew Marsh, ruled against Mrs Cano stating ‘There’s no evidence that Mr Turner attempted to make a new will.’

    The judge’s ruling means that the 2013 will stand in favour of Mr Jones.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the 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.

    Will Dispute
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • ‘Wifelets’ may have claim to Marquess of Bath’s £23m fortune – against his will

    Amanda Doyle, a mistress of Alexander Thynn the 7th Marquess of Bath and referred to as a “wifelet” by the Marquess is pursuing a High Court case pursuant to The Inheritance (Provision for Family and Dependants) Act 1975 for reasonable provision from the estate of the late Marquess. The estate is valued at £23 million. The Act allows for those who were financially dependent on the deceased in certain circumstances, claim for ‘financial provision’.

    During the course of a 51-year marriage to his wife, actress Anna Gael, Lord Bath allegedly had a total of 74 lovers or “wifelets”.

    Doyle alleges that she was ‘entirely financially dependent’ on the Marquess for 21 years which, she says ended only with the Marquess’ death in April 2020 after contracting the coronavirus.

    Like all her fellow wifelets, Doyle went unmentioned in Bath’s will, in which he left everything to Anna, their daughter and son Ceawlin who is now the 8th Marquess.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the 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.

    Civil Litigation
    Dispute Resolution
    Will Dispute
    Commercial Litigation
    Manchester Office

  • 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.

    Will Dispute
    Civil Litigation
    Dispute Resolution
    Commercial Litigation

  • 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.

    Will Dispute
    Civil Litigation
    Dispute Resolution
    Commercial Litigation

  • 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.

    Will Dispute
    Litigation Solicitors
    Civil Litigation
    Dispute Resolution
    Commercial Litigation

  • 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.