Inheritance Disputes & Wills and Probate Case Studies

Inheritance Case Study - Drafting of Wills

The Clients – husband and wife - wanted two identical Wills drafting, leaving each of their adult children with the same gifts. However, it transpired that one of their children was about to be made bankrupt at the time the Clients were making their Wills. The Clients were concerned that in the event of bankruptcy, the Official Receiver (the person charged with managing their child’s assets at bankruptcy) would be able to gain access to the child’s share of the estate. This would mean that the Clients’ hard-earned money would in effect, be squandered. The Clients’ net estate was worth around £1 million.

Inheritance case study – No Will

Stolen assets are successfully recovered from fraudsters

The Client had been living with her partner when he was killed at anearly age in a road traffic accident. They had an infant son together and since the deceased had made no Will, by law his estate was left entirely to his son, who was a one year old at the time of his father’s death. The deceased had been wealthy and came from a large family. After his death, his parents and brothers embezzled his estate of large amounts of cash, withdrawing money from his bank account by forging signatures on cheques and using false identification to transfer a sum of around £40,000 into their own accounts. It was argued by the family that numerous properties owned by the deceased were merely held by him on trust for the family.

Inheritance case study – Validity of a Will / Protection of Estate

Successful outcome for client, forced to take action against siblings regarding mother’s will

The Client was one of ten adult children whose mother had died leaving no surviving husband. No Will could be found, which meant by law, all of the deceased’s children would be entitled to an equal share of her estate. The Client had been a devoted son to his mother, whilst many of his siblings hadn’t spoken to her for years. Some of these estranged children had taken out a Grant of Letters of Administration, which would authorise them to deal with their mother’s estate given that there was no Will. However, the Client soon discovered that his mother had indeed made a Will with Cohen Cramer some 20 years or so prior to her death, in which she had left her estate to the Client and a brother. Despite this, the Client’s siblings alleged the Will wasn’t genuine and were being obstructive, refusing to stop dealing with the estate’s assets.

Inheritance case study – Inheritance Act Claim

Substantial settlement won for bereaved client, left homeless after partner dies without a will

The Client had been living with her partner, a successful businessman, when he died suddenly without leaving a Will. The Client relied on her partner financially and the house they lived in was in his sole name, as were all his assets. As there was no valid Will, the client discovered she would receive nothing. What’s more, the Client’s partner’s mother changed the locks to their house whilst the Client was out and threw her belongings outside.
The Client had been ejected from her home and left without financial support whilst dealing with the shock of losing her loved one.

Inheritance case study – Disinheritance Claim

Client left disinherited obtains a substantial share of the deceased’s estate

The Client’s elderly aunt had died leaving a large part of her estate to her neighbour. The Client had reason to believe that his aunt had only written the Will under a great deal of influence from her neighbour, since the aunt had been in a very vulnerable state at the time, having just lost her husband of many years. What made matters worse was that the Client was based in Australia whilst his aunt lived in the UK, so he had largely been kept in the
dark regarding the situation.

Inheritance case study – Drafting of a Will

Stroke victim with limited communication ability, successfully amends will for peace of mind

The Client wanted to change the terms of her existing Will, but having suffered a stroke, she was barely able to speak and could only write very slowly. As a result, it was extremely difficult for her to communicate her wishes. She was finding the situation immensely frustrating since it was very important to her that her Will was changed and properly drafted, in order that she felt confident it would stand up to any challenge after her death.