In September 2019, the full judgement in the disputed Will and contested probate case Parsonage v Parsonage & Ors [2019] EWHC 2362 (Ch) was published. The case involved the effect of the testatrix's dementia on the validity of her Will and a subsequently redrafted Will.
Around 850,000 people in the UK currently suffer from dementia. The Alzheimer's Society suggests that around 225,000 people will develop dementia this year and 1.6 million people will be affected by some form of dementia by 2040.
Read more: The Parsonage Disputed Will Case – 2019 Case Review
In October of the year, Clive Shaw bought a propriety estoppel claim against his aging parents.
He claimed that his father had promised since 1978 that he would inherit the family dairy farm when the parents died. However, following a number of arguments between the parents and the son over his “workshy” attitude and his choice of partner, he was written out of their Wills in 2017.
Passing judgement yesterday, the Judge Linwood said
“There was a family expectation that Clive, as the eldest child and only son, would inherit the farm – in the sense of it being a family business – not purely as an asset, but as a working farm, to be inherited by Clive as a farmer.
Clive was promised the farm would be his inheritance from about 1978 onwards, but those assurances were conditional upon Clive working properly on the farm in the manner of a dedicated, long-term farmer."
However, Clive was not sufficiently interested and his lifestyle choices were such that he did not want to take on the farm and dedicate himself to it, as his interests were elsewhere, in driving and engineering.”
Read more: Dairy Farmer’s Son who hates cows loses his Propriety Estoppel claim for the family farm.
During the difficult time of a loved one passing away, the last thing anyone should want is an acrimonious dispute. Nevertheless, contested probate cases are becoming increasingly common and family feuds about inheritance are a rising mainstay of courtroom scheduling.
Here are just a few of the reasons why probate doesn't always run as smoothly as the decedent may have hoped.
Read more: What are the factors driving Will disputes and contested probate?
A daughter cut out of her father’s £1 million Will because he believed grown-up children should “look after themselves” has been refused a slice of his fortune by a judge. For Danielle Ames, unemployment was “a lifestyle choice” and she was fit and able to work, said Judge David Halpern QC.
Ms. Ames went to court arguing that she was dependent on her father and deserved a payout of about £300,000 as 'reasonable provision' from his estate, claiming that he had promised her 'it will be all yours one day', but was shocked when he wrote her out of his Will. Mr. Ames died in 2013 and left everything he had to Ms. Ames’ step-mother, Elaine Ames.
But Judge Halpern said Danielle had 'exaggerated' the strength of her relationship with her father and had no moral claim on his money, whereas Mr. Ames's widow, with whom he had lived for over 30 years, needed every penny of his estate to lead a comfortable retirement. The Judge commented that Mrs. Ames Elaine was not living the high life and she needed the whole of her husband's estate 'to meet her reasonable needs'.
