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30 March 2017

Three women who faked their elderly neighbour's Will have received custodial sentences following a trial at Cardiff Crown Court. Karen O'Brien was sentenced to four and a half years, Gemma Gauci to four years and Leanne Collins to one year - all for conspiracy to commit fraud by false representation.

The women claimed to have found the Will while cleaning the home of the deceased man, Mr James Wilmot. The faked Will named Karen O'Brien and Gemma Gauci as executors and beneficiaries, and Leanne Collins as another beneficiary. The late Mr Wilmot's estate was worth an estimated £320,000.

29 September 2016

Recently the case of Joy Williams made the news headlines. The 69-year-old grandmother lived with dentist Norman Martin for 18 years after he split with his wife, Maureen. But Mr Martin never divorced, nor did he update his Will, so when he died of a heart attack four years ago, his half share of the £320,000 three-bedroom bungalow in Dorchester, Dorset, went to Mrs Martin – despite leaving her in 1994 to start living with Ms Williams.

The couple owned their property as ‘tenants in common’, a form of ownership which does not allow one party to inherit from the other. So when he died, the wife, not Mrs Williams, became his legal heir. Mrs Williams faced losing her home as she could not afford to buy out Mrs Martin.

22 September 2016

Recent years have seen an rise in divorces among the older generation. In a trend that has been coined as 'silver splitting', more and more people over 60 are deciding to separate, moving in contrast with the statistics of other age groups, which have all seen a fall in the number of separations. According to the Office for National Statistics, 2011 saw the number of male divorcees over 60 shoot up by 75% compared to two decades earlier.

As for the reasons why so many of this age group are deciding to divorce, sometimes after long marriages of two decades or more, much speculation has occurred.

Increased life expectancy means that some people look to reinvent themselves as they move into their later years, which, it has been argued, may involve changing the person with whom they spend time with. Some lawyers have blamed empty-nest syndrome, that the couples no longer see a reason to stay together when their children become adults and leave home, while others believe that most of those who are splitting up are doing so simply because, once they have their sizeable pension supporting them, they can now afford it.

But whatever the reason, spouses leaving each other at a later age – when it is more likely that their children will now be young adults – has led to repercussions in other areas of law, particularly inheritance disputes.

The problem is that since the couple have been together for many years, it may have long been assumed that their estate will be divided among their children. But if one or both of them then go on to remarry and their respective spouses have families of their own, all of a sudden there are multiple other potential beneficiaries thrown into the mix, completely upsetting any sense of balance and, from the original family's point of view, fairness.

Second marriages, and the blended families they create, are one of the most common sources of Will disputes. A Will may have been made by a parent while still in a first marriage and this may remain unchanged when embarking on a subsequent union. The excluded second husband or wife and their children will no doubt contest the orders of the Will if they feel them to be outdated and therefore no longer reflective of the testator's true feelings when they died. But this could be very hard to prove.

On the other hand, an older person in a happy second marriage may amend their Will to include their new family, diminishing how much is left to their first family. Of course, the circumstances of each case will vary based on each blended family's situation (no one family history is the same as another, with differing levels of estrangement between parents and their children making inheritance a sometimes thorny issue), and it is possible for stepchildren to be left more of the estate than the testator's biological children. This may understandably lead to many hurt feelings and bitterness – even a sense of abandonment – and leave some family members disputing what they see as a gross injustice.

Such scenarios can lead to a major clash of the deceased's two families, which is becoming an increasingly common situation seen by lawyers in Will disputes.

If you are currently in the process of making your Will and wish to avoid causing any future battles between your loved ones, there are things you can do to mitigate a potential inheritance brawl. It is advisable to leave a letter with your Will to explain why you have decided to divide up your estate in the way you have. If anyone has been excluded or left less than they may be expecting, it's best to give a good reason for this in the letter. The same is true if you have left a large sum to a charity. Clearly spelling out the reasoning behind your decision will mean that there is less of a chance for the disappointed beneficiary to feel the need to fight against your wishes and greater likelihood that a court will uphold your wishes.

Making a Will is hardly a simple task at the best of times, and having multiple spouses and acting as a parent to many children throughout your life will only make it that much more harder. This is why it's a good idea to enlist the help of a lawyer experienced in Wills and probate to help make the process as straightforward as possible.

 

Contact Oratto on 0845 3883765 to speak with an adviser or use our contact form to arrange a call-back.

Click here to return to the main Wills area.

 

20 September 2016

In the last few years, the scale of the problem posed by dementia has become all too clear. According to the most recent statistics, some 800,000 men and women are currently afflicted by the condition, and that number is set to double within the next few decades.

Unsurprisingly, more people are making sensible arrangements should they also lose the capacity to manage their own affairs.

They are making documents giving nominated individuals what is known as Lasting Power of Attorney (or LPAs, for short), allowing decisions to be made on their behalf either about their property and finances or their health and welfare – or, in fact, both. However, such has been the popularity of LPAs that the Office for the Public Guardian (OPG), the body charged with registering them, has admitted struggling to cope.

Figures which my colleagues and I have uncovered show that the number of LPAs has almost doubled in the last two years.

The OPG has claimed that the demand for the documents has outstripped its “ageing technology” and resulted in it taking longer than planned to process them.

As we have discovered, that has resulted in cases in which people have made LPAs setting out their intentions to refuse life-prolonging treatment only to be treated against their wishes. It’s a topic which I’ve spoken to the Daily Telegraph about.

Despite such difficulties, though, there are distinct benefits to making an LPA or ‘living Will’ as they have become known.

They enable someone to have a say in what should happen to them even if they are prevented from exercising full control because of a deterioration in their health.

I have been advising those making LPAs to inform their GPs and hospital consultants so that the documents become part of their medical record, thereby avoiding the potential for confusion and complication.

 

Contact Oratto on 0845 3883765 to speak with an adviser or use our contact form to arrange a call-back.

Click here to return to the main Wills area.

 

20 September 2016

Just over a week has passed since the sudden death of the musical pop icon Prince Rogers Nelson – commonly known as ‘Prince’- and a number of questions have emanated from his death, such as the Purple Rain star’s suspected prior health issues and the cause of his shock passing.

However, one question which resonates most prominently and holds importance over any other centres around the confirmed reports that Prince did not leave a Will and specifically who will inherit his vast fortune, estimated to be worth in the region of $800,000.00 (£551,781.00).

This net worth amount is expected to grow by millions of dollars with the increase in sales of Prince’s music and merchandise following his death. A large catalogue of unreleased music is expected to add to the sizable fortune.

Prince was one of relatively few recording artists to have possessed ownership of his master recordings and his own music publishing and therefore the heir(s) to his fortune will benefit from the future sales of his already issued music.

According to Minnesota law when an unmarried person with no children who dies without a Will, the parents, grandparents and siblings of the deceased inherit their wealth. Prince was pre-deceased by his parents, and half-brother Duane Nelson. He was married and divorced twice and leaves no children behind. It is believed his sister, Tyka Nelson, is his only living full blooded relative. The singer also has five living half-siblings and under Minnesota law surviving half-siblings are treated the same as full siblings, raising the possibility of a drawn-out family battle.

There are rumours that Prince wanted to leave his entire estate to the Jehovah Witnesses. However, to successfully contest the probate of an estate, it must be proved that the plaintiff is entitled to the entire or a portion of the estate by demonstrating that the deceased’s final, express intent was to bequeath what is claimed to the plaintiff. Only by producing a Will, or some other operative legal document, that names the plaintiff as a beneficiary can the plaintiff prove that he or she is entitled to the estate. The deceased’s alleged intent needs to be documented and verifiable.

Tyka has recently filed probate documents with the Carver County District Court in Minnesota, asking the court to name an affiliate of the Bremer Bank in St. Cloud, Minn., as the special administrator, saying that the bank had provided financial services to Prince and had knowledge of his business affairs. What is interesting to note is that the five half-siblings are listed as heirs to Prince’s estate.

Whether Prince intended to leave his estate to his sister and 5 half-siblings equally is a question we will never really know the answer to, one which highlights the importance of executing a valid Will to ensure the administration of your estate is distributed in accordance with your wishes.

 

Contact Oratto on 0845 3883765 to speak with an adviser or use our contact form to arrange a call-back.

Click here to return to the main Wills area.

 

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