Welcome to our roundup of recent developments in the world of Wills, Lasting Powers of Attorney (LPAs), and Probate. Let’s explore some intriguing court cases and a pop culture mishap that highlight the importance of understanding these legal matters.
Court Overrides Father’s Will to Provide for Children
A recent case, Re R (Deceased) [2021], demonstrates how courts can intervene in inheritance matters, even when a Will appears unambiguous.
In 2018, a man passed away, leaving his family business shares to his parents and remaining assets to his partner of seven years. He explicitly excluded his ex-wife and two teenage children from his Will, citing lack of contact as the reason.
Despite the deceased’s clear intentions, his ex-wife challenged the Will under the Inheritance (Provision for Family and Dependents) Act 1975. The court sided with the ex-wife, rejecting the estate’s argument that the deceased had no obligation to provide for his children.
Surprisingly, the judge awarded the children £68,000 and £118,000 respectively. These sums aimed to cover various expenses, including:
– Living costs
– School fees
– A car
– University expenses
– Future housing
– Counselling
The Court’s Reasoning
The court emphasised that neither the deceased’s failure to pay child support nor the children’s support from their stepfather could justify excluding them from the inheritance. This ruling underscores that even explicit instructions in a Will can be overturned if the court deems it necessary to make “reasonable provision” for dependents.
Mother’s Will Excluding Sons Withstands Legal Challenge
In contrast to the previous case, Rea v Rea [2021] shows how a well-documented Will can resist challenges from dissatisfied family members.
Anna Rea, who died in 2016, had initially divided her estate equally among her four children in a 1986 Will. However, she updated her Will in December 2015, leaving everything to her daughter, Rita, and explicitly excluding her three sons.
The Will’s Justification and Legal Challenge
Anna’s 2015 Will explained that Rita had been her sole carer for years, while her sons had not cared for her. She even instructed her executors to defend against any challenges, stating her sons were financially independent.
The sons contested the Will, claiming their mother lacked testamentary capacity due to limited English skills. They also accused Rita of manipulating their mother. However, unlike in Re R (Deceased) [2021], this challenge failed.
The court found Rita’s evidence more convincing, particularly because she provided statements from her mother’s solicitor and doctor confirming the 2015 Will reflected Anna’s true wishes.
Eastenders’ LPA Blunder: Fiction vs. Reality
Even popular culture can sometimes spread misinformation about legal matters. A recent Eastenders storyline provided a prime example of how Lasting Powers of Attorney (LPAs) can be misrepresented.
In the scene, character Sonia Fowler dramatically announced that Dot Cotton had “just” made her Power of Attorney, giving her control over Dot’s property and bank accounts. Sonia then threatened to withhold an “early inheritance” from Dot’s granddaughter.
Separating Fact from Fiction
While this makes for compelling drama, it paints an inaccurate picture of how LPAs work:
1. Two types of LPAs exist in England: Health and Welfare, and Property and Financial Affairs. Having one doesn’t automatically grant the other.
2. LPAs aren’t instant. Registration typically takes up to 12 weeks, allowing time for objections.
3. Even with a registered Property and Financial Affairs LPA, the attorney can’t make decisions without the donor’s consent if the donor retains mental capacity.
4. An attorney cannot unilaterally decide to withhold someone else’s inheritance.
This fictional portrayal could potentially deter viewers from setting up crucial LPAs due to misunderstandings about their function and implementation.
The Crucial Role of Accurate Legal Information
These cases and examples underscore the vital need for precise, current legal advice when dealing with Wills, LPAs, and probate matters. Whether you’re drafting a Will, considering an LPA, or navigating a complex inheritance situation, professional guidance can help you avoid potential pitfalls and ensure your wishes are properly documented and executed.
How A.D.E Wills Can Help
At A.D.E Wills, we commit to providing clear, accurate information and guidance on these important matters. Our team of experts can help you:
– Draft a comprehensive and legally sound Will
– Set up and register LPAs
– Refer you to a trusted team of probate solicitors
Don’t let confusion or misinformation stand in the way of protecting your assets and wishes. Contact us today to discuss your needs. Call us on 01865 507174 or email info@adewills.co.uk for personalised assistance.
Disclaimer: This article provides general information and is not intended as legal advice. For specific guidance on your individual situation, please consult with a qualified legal professional.
