wills and probate

Sisters Lose Battle Over Father’s Estate

on Friday, 23 March 2012. Posted in News, Wills, Trusts and Probate, Family Services, Legal Disputes

Three sisters who challenged their late father's will have lost their battle at the High Court.

The will was made the day George Wharton, who was suffering from terminal cancer, was discharged from hospital, in anticipation of his marriage to a woman who had been his partner for more than 30 years. This took place the same day. The will left Mr Wharton's entire estate to his new wife, Maureen. His three daughters, who were not present at the wedding, and his grandchildren were excluded from the new will.

Mr Wharton's partner of many years had been instrumental in helping him build up a successful leisure business in Kent. She claimed that the couple had a longstanding agreement that they would marry if either of them developed a terminal condition. His daughters claimed, however, that she had used undue influence over their father, at a time when he was weak, in order to persuade him to write a new will in her favour. Mr Wharton's solicitor, who had been a witness at the wedding, testified that the instructions he had received regarding the new will had been clear.

Mr Justice Norris ruled that there was 'nothing in the least suspicious' in the couple's actions, adding, "It was always Mr Wharton's intention to marry on his deathbed. As he approached death he announced his intention to marry. He quite plainly understood marriage as a solution to the inheritance tax problem which overhung the business he and Maureen had created and for which he had made no provision."

Furthermore, the judge was in no doubt that Mr Wharton had the mental capacity to decide to get married and that the marriage was valid.

This case illustrates how easy it is for acrimonious disputes to develop in families when arrangements are left until the last minute. It is sensible to take tax planning measures sooner rather than later, and to execute your will and make arrangements for the administration of your estate in a timely manner and in a way that diminishes the scope for any dispute.

We can assist you to minimise the likelihood that your estate is subject to a legal challenge and to ensure that it is administered in an efficient way.

Get in touch

Call us on 01276 680000

If you are a consumer and we have made contact with you by electronic means, you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. That is at http://ec.europa.eu/commission/index_en