Category: Pension

“Mum’s toyboy lover successfully challenges her Will”

Your Will is probably not be as watertight as you think as the final wishes of the deceased are being increasingly challenged in court by disgruntled beneficiaries. One family told Telegraph Money that they have effectively lost their inheritance to a “secret toyboy” lover, who made a successful claim against the Will of their late mother.

Janette and Jeff Epton say their family has effectively lost a £280,000 inheritance after the Will of Janete’s mother was successfully challenged in court.

The Epton family attempted to defend a claim against the Will and estate of Norma Hall by Raymond Brader.

Norma Hall’s daughter, Janette Epton 65, and her granddaughter, Lisa Epton 39, were to be the main beneficiaries of her estate. Mrs Hall’s Will left two thirds of her estate to Janette and the rest to Lisa. The value of the estate stood at about £280,000 which included her £200,000 bungalow.

However, the court found that the Will did not make a reasonable financial provision for Mr Brader, Mrs Hall’s romantic partner, who was some 20 years her junior. While the Eptons would inherit the bungalow and the remaining £80,000 or so in other assets, the court ruled that Mr Brader should be granted a rent-free lifetime tenancy in the bungalow, where he had lived with Mrs Hall.

The court also found that the Epton family should pay 75% of Mr Brader’s legal fees.

The Epton family believed Mr Brader’s story to be “a tissue of lies and fabrications”.

The family stated they had been completely unaware of any romantic relationship between Mr Brader and the late Mrs Hall until later in her life, when she moved to a care home and began to suffer from dementia. It was only then that Mr Brader began to describe their relationship as romantic.

They were unaware he had been living in the property with her. When she went into care, and certainly after she died, he suddenly began to refer to her as his partner and he challenged her Will on that basis.

Janette Epton, who is a similar age to Mr Brader, had been effectively denied her inheritance as she will be unable to live in or sell the property until Mr Brader’s death.

On top of this, most of the remaining inheritance would be eaten up in legal fees, which they estimated to be in the region of £80,000 which includes most of Mr Brader’s.

You run the risk of your Will being challenged if you do not take professional advice and protect against those who could have a claim.

Unless you write off the risk of your Will being contested a claimant could end up taking a significant share of your legacy.

People have become more open to the idea of challenging Wills, even for relatively small sums of money.

In many cases, inheritance squabbles over estates worth only tens of thousands of pounds result in expensive legal fees wiping out any eventual windfall.

It’s best advice to keep your Will up to date and make appropriate planning in line with changes to your circumstances such as divorce, a new partner, moving in with someone or having children.

If you do not keep your Will up to date, the more the years pass and the more likelihood someone will make a claim.

If you want to make your Will “watertight” you should have a Will Clarity Statement from Barnet Wills.  If a dispute is raised after you die, this will make your final wishes more defensible in court and, in most cases, may prevent a challenge being made in the first place.

The final wishes of deceased family members are being contested in court more than ever and the trend looks set to continue. Do you really want to see your loved ones go though this?

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Is making a “lasting …

More people in the UK are using Lasting Powers of Attorney (LPA) to ensure their affairs are looked after when they’re …

Late comedy actress’ …

Following the tragic death in 2016 of Caroline Aherne, better known as the bespectacled chat show host in The Mrs Merton …

Are you naively handing …

For the majority, the answer is yes. Most of us are unaware that our pension pots will be passed down to the person named …

Old mcdonald had a farm

There has been a surge of estate disputes and probate disputes involving farming families in the last 12 months. The Court …

The problem with diy …

Do you really want to risk wasting thousands of pounds in the future to save a few pounds today?

How cheap is a cheap …

Websites promising to write a cheap Will could cost you tens of thousands of pounds. Dozens of internet firms offer cheap …

What is a larke v nugus …

For many solicitors and Will drafters like myself, a Larke v Nugus request is becoming a more common occurrence as Legal …

Why january is the …

It’s not exactly the most cheerful way to ring in the new year. For years, January has unofficially been dubbed Divorce …

‘tax on …

The Government has announced this week that they will move forward with a new branded structure for probate fees which means …

Blended family …

More and more blended families face an inheritance nightmare as the number of parents’ Wills being challenged increases. …

Removing life-support …

The Supreme Court ruled on 29th July that families and doctors of patients in a permanent vegetative state will no longer …

Consequences of gifts

Many people want to pass their home to their children in their lifetime and continue to live there. There are many consequences …

Make business …

Succession planning is important for all business owners. Working out exactly who should take over from you when you retire, …

I don’t need a …

Some clients think it’s a good idea to sign over their house to their kids to avoid inheritance Tax or Care Fees. Here’s …

Why leave your …

NEW PENSION FREEDOM FUND LEGISLATION – POINTS TO CONSIDER The following information must not be considered to be either …

Sir ken dodd has last …

It is reported that Sir Ken Dodd died at home only two days after marrying his partner of 40 years, Anne Jones. Their wedding …

Why is a lasting power …

Don’t let a stranger have the power to decide how you should be treated medically or where you should be living. Don’t …

Living will or lasting …

An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance …

Are regular cash gifts …

The Local Government and Social Care Ombudsman has criticised North Yorkshire County Council for refusing to pay for an elderly …

Inheritance row exposed …

Police were called to a Farm in Cheshire on 6th December when Adam Scott called after a long running dispute with Jennifer Redgrave-Scott …

Barnet a hotspot for …

HMRC collected over £5bn in Britain’s most hated tax in 2016-2017. Inheritance Tax is charged at 40% on any assets remaining …

Help, i’ve been asked …

The number of people making Lasting Power of Attorney (LPA) has trebled since 2010. This is good news. LPAs allow you to …

Business lasting power …

A business Lasting Power of Attorney is a powerful legal document which allows a business owner (Donor) to appoint persons …

Case study: michael …

How Michael and Sarah secured an Inheritance-Tax-free legacy for their daughter and planned a secure retirement for themselves. …

Thinking of giving your …

If you’re thinking about transferring a house to children you should read this blog. I am often contacted by families …

Please encourage …

Estate planning is usually left to later in life. However, sometimes things happen that require you to think about it earlier. …

Inheritance tax tops …

Most Brits still haven’t considered the impact of inheritance tax despite wanting to leave assets to their loved ones. …

Office of the public …

The Office of the Public Guardian has admitted charging excessive fees for issuing Powers of Attorney in the last four years. …

Think a joint bank …

Many of us wrongly assume that if we have money in a joint account with our spouse, partner child or even business partners …

Protecting the bank of …

According to a survey by Legal & General, more than 300,000 first time buyers were helped onto the property ladder in …

Trust vs prenup

Many people are advised to set up a prenuptial agreement to secure possessions in the event of a marriage breaking down. …

Charities win landmark …

Animal charities win their case in a landmark judgment at the Supreme Court against a Heather Ilott, the woman cut out of …

Joint bank accounts …

There has been lots of debate recently about whether or not a Lasting Power of Attorney is relevant for people who have joint …

The importance of a …

I remember reading the article about Mark Pearson who realised his dream to open England’s first ever crisp sandwich shop. …

Government confirms …

Probate fees to be hiked into the thousands of pounds with increases starting at 40% for estates of 50,000 up to 9202% for …

Are mirror wills dead?

From 6 April 2017 the new Residence Nil Rate Band will be with us. It exempts the first £100,000, rising to £175,000 by …

It’s important to …

OK, so you’ve made a Will, but how effective is the planning behind it? I can’t emphasise strongly enough how important …

Regulated or …

Research by the Legal Services Board (LSB) has found that more consumers are turning to unregulated Will writers because …

What happens to your …

Unless you make it clear that you are writing your Will in contemplation of marriage then marriage will revoke your previous …

Are mirror wills …

Many couples, even after speaking with a solicitor or Will writer, opt for making mirror Wills. This usually involves  leaving …

The problem with diy …

I occasionally shop in the pound shop in my local high street. My expectations of quality are not high so I usually limit …

Can a will be changed …

The simple answer is Yes – but why would you and how? Sometimes beneficiaries are surprised by the contents of a loved …

Inheritance tax …

In last year’s summer budget the chancellor, George Osborne, announced his intention to provide additional relief from …

Are you a grandparent?

Whether you’re a new excited grandparent, or even an old hand, have you thought about how you’d like to help …

Business lasting power …

With an increasing number of people in the UK suffering from some form of incapacity, including the most prevalent Dementia, …

What happens to your …

Pokémon Go is a smartphone game which has been downloaded over 7.5 million and is now available in the UK. The aim is to …

Should i use a …

The Office of the Public Guardian (OPG) was set up to protect people who may not have the mental capacity to make certain …

How will rising probate …

In a bid to help pay running costs for courts and tribunals a new probate fee system proposes to replace the £215 flat fee …

Planning for the care …

We British are known for being a nation of pet lovers. Sadly, very few of us consider who will take care of them, and how …

Man allowed to …

When can you challenge a Will? When do you, in the court’s opinion, have a valid case and can challenge the express wishes …

No sign of …

The passing of Prince has certainly taken many by surprise and it leaves a huge hole in the music industry. However, the …

Mum knows best (on …

The non-story causing uproar in the papers recently was the revelation that David Cameron’s mother gifted him £200,000 …

Does the thought of …

What if you die and your spouse remarries?   The fact that David Cameron’s mother gave him £200,000 to avoid inheritance …

Lynda …

The story has featured in most of the press as well as television. At first it sounds like something very untoward is happening …

Understanding the role …

Discuss with your proposed executors that they are willing to accept this role before naming them in your Will. Consider …

“my children will …

But, without a Lasting Power of Attorney, this may not happen especially if Social Services and the local authority get involved… …

10 reasons not to write …

1. You’ve worked hard all your life to save for your retirement. Now that your money has outlasted you, wouldn’t it be …

Cohabiting couples

Statistics show around 42% of marriages in England and Wales end in divorce. Consequently, more people remarry for a second …

Joint tenants vs …

There are two ways to hold a property jointly, and they are as follows. Joint Tenants Holding a property with another person …

Step families and …

Why your will could lead to your family being disinherited – and why they won’t have a leg to stand on Legal disputes …

What is estate planning?

The sad truth is that one day you will be unable to take care of your loved ones either because you are incapacitated or …

What if a parent …

Family feuds, fueled by inheritance and Will dispute cases, are on a steep rise. Second marriages after property price hikes …

Will more children …

After a disinherited daughter won her case in the Court of Appeal last week there has been a media frenzy with many saying …

The dangers of not …

Thinking about a Will may not be at the forefront of your agenda – and it could certainly seem like there are far more …

Budget changes that …

Confirmed to be included in the Finance (No.2) Bill 2015 which will be published on 15th July 2015 Inheritance Tax An Additional …

Can i disinherit my …

Writing a Will is a defining moment in life; the type that should come with a backing track and soft lighting. It forces …

What happens when …

It is almost impossible to challenge whatever fee is finally imposed, as lovemoney.com reader Steve from Newcastle found …

Consider the future

I’m often asked why anyone should use a specialist Will Writer to draw up their Will when they know exactly what they want …

Lonely enfield …

In a recent case, a lonely AOP changed his Will two months before his death and left his £500,000 estate to a builder who …

Even with a will, what …

Speaking to the Daily Mail, Stuart Herd claimed that he did not get a single penny of his father’s £300,000 estate …

Can i protect my home …

Many families are watching their inheritance disappear whilst a family member is paying for care home fees. So long as …

Here’s one of our …

Here’s one of our latest customers talking about his experience.

Will writer or …

There is has been much debate about whether to use a Will Writer or a solicitor to draft your Will. I am going to put the …

The bereaved need …

Have you ever thought about what will happen to your social media and other online accounts when you die? Well, maybe you …

A client’s story

I didn’t need much motivation when it came to drafting my first Will shortly after my son was born. But now, 21 years …

Concerned about …

There are a number of ways in which your home, savings and business are vulnerable to attack but, with simple planning in …

You must be clear in …

The late Joan Edwards passed away in September 2012, aged 90, and left a legacy of £520,000 in her Will to “whichever …

Think of the children: …

Intestacy rules may have changed on 1 October, but reminding people of the importance of making a will is still top of the …

Free talk about™care …

We are delighted to invite you to a FREE Talk About™Care Planning event. It is taking place on Wednesday 17th September …

Will claims triple

According to the Chancery Division of the High Court, claims for mishandling a deceased’s person estate have more than …

Why make a lasting …

Your Will deals with your estate and your wishes when you die, BUT have you considered what the situation would be come …

Margaret thatcher …

The children of former UK prime minister Margaret Thatcher will avoid paying millions in inheritance tax because their mother’s …

40% of retirees …

A recent study by The Prudential has revealed retirees, who still provide regular support to their dependants, pay out an …

Council have man jailed …

The story of John Kennedy Jr on the BBC website provides a cautionary tale on the importance of making a Will and getting …

The true cost of not …

Peter & Maxine had both been married before. Maxine had a son, Timothy, who was 11 and lived with them. They also had …

Around 800,000 people …

Sufferers of Dementia cost the economy £23 billion every year and account for a quarter of beds occupied in hospital. The …

Grief can happen when …

I see people, as they approach me, trying to make up their minds whether they’ll ‘say something about it or not. …

Oft: consumers who buy …

Anyone who has written a Will should carefully re-examine the terms. Many Will drafting firms, including leading banks, hide …

Was jimmy hill right to …

Jimmy Hill married three times, got divorced twice and has five adult children from the first two marriages. His youngest …

The 5 threats to your …

Most Will writers & solicitors will only offer a basic Will which leaves your assets exposed to various risks!! Some …

How can i preserve my …

If you own a business either on your own or with business partners, you’ll no doubt be working hard to build it up so it …