May 24, 2010

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Families at war in inheritance disputes

More and more families are being split apart in inheritance rows, a Midland lawyer has warned.

Robert Weston, a partner at MFG Solicitors, said disputes over wills were becoming commonplace.

“People are taking a more ‘thick-skinned’ attitude,” he cautioned.

“It is partly down to the state of the economy. They are simply keen to get their hands on the money and less bothered about falling out with other members of the family.”

Mr Weston has specialised in contentious probate for some time – many of his cases are referred from other solicitors and trust corporations.

A lot involve delicate family relationships.

One example was where he was instructed to advise a widow following the death of her husband from cancer.

“He had formed a relationship with the nurse who was caring for him,” noted Mr Weston.

“Unbeknown to his wife of 30 years he had changed his will immediately before his death, while still of sound mind, and left his entire estate to the nurse.

“We suggested mediation but this was rejected and consequently we issued proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. The claim succeeded and our client was awarded £1.8 million.”

In a second case a successful businessman died leaving an estate worth £9 million.

He had a daughter from his first marriage. But she and his new wife quickly established a rapport and ten years on remained close.

In his will he left the bulk of his estate to his wife and £90,000 to his 16-year-old daughter.

His wife, as executor of the will, received a claim under the same Inheritance (Provision for Family and Dependants) Act 1975 from solicitors instructed by the child’s mother, who was acting on her behalf.

Mr Weston said: “There was no doubt that the provision made for the daughter was inadequate.

“We suggested that a sensible offer of settlement should be made so as to avoid expensive and acrimonious court proceedings. Settlement was achieved and the client continues to have a good relationship with her step-daughter.”


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