Inheritance

Contested Wills solicitor, Hayley Blyth follows up on her recent article and the case that has far reaching consequences for testators, dependants and beneficiaries alike

Further to our article on 21 February 2011 we now have the Court of Appeal’s decision in the Inheritance Act case of Heather Ilott v David Mitson (& 4 others).
 

Background

The number of people in the UK dying intestate (without having made a Will) is falling.  Between 1997 and 2006 the rate remained steady, with between 60% to 65% of people dying without Wills.  However, since 2007 the level of intestacies has fallen.  Roughly 54% of people dying in 2009 had not made a Will.  This reflects the fact that more people are now making Wills. 

Interestingly, there is a significant variation between the sexes, with women being much more likely to make a Will than men.

by Lee Dawkins

The courts have recently revisited the often controversial and misunderstood area of mutual Wills.  It would therefore seem an ideal time to review the principles that are generally applicable:-

Solicitor, Lee Dawkins, who specialises in inheritance disputes and contested wills, looks at the benefits of inheritance planning.

A survey carried out by National Savings and Investments has revealed that there is widespread ignorance within families about future inheritance plans. 

The survey found that over one third of the population were in the dark about how their parents intended to distribute their estate.  Many did not even know whether they had made a Will. 

A recent case has highlighted the importance of ensuring that testators do not act irrationally or unreasonably in excluding family members from their will and that Claimants are not greedy when it comes to the provision they are seeking under the Inheritance (Provision for Family and Dependants) Act 1975.

The Court of Appeal contrasts Capacity when will instructions are given with Capacity when the will is executed

The Court of Appeal has upheld the will of a Testator who had testamentary capacity at the time he gave instructions for his will, but had lost testamentary capacity by the time he executed it: Perrins v. Holland and others [2010] EWCA Civ 840

A Privileged Will is an informal will which remains valid even though it does not fulfil the usual legal requirements. Privileged wills are normally written but can be oral. What distinguishes this type of Will from a conventional Will is the fact that normal formalities are dispensed with. So, a Privileged Will does not, for instance, need to be signed in the presence of two independent witnesses as is usual; in fact, there is no need for any witnesses at all for the will to be valid. Nor do any alterations to a Privileged Will need to be witnessed.

Cases involving disputed wills very often feature a Larke v Nugus statement.  

A Larke v Nugus statement is  prepared by the Solicitor who originally prepared the disputed will or witnessed its execution. These statements are frequently requested by the Claimant’s solicitor as evidence against the validity of a will on the grounds of lack of testamentary capacity, undue influence, want of knowledge or approval or forgery.

What does ‘Intestacy’ mean?

Intestacy is the legal term used when a person dies without having made a will. The Rules of Intestacy designate who is entitled to the estate.

When we eventually die we should be able to leave all our worldly goods to whoever we choose, right? Wrong! A recent legal case has highlighted how the Inheritance (Provision for Family & Dependants) Act 1975 can be called upon to rectify estate distributions to ensure that justice is done.