How a woman’s kindness led to her estate’s ransom

Normal proceedings

After the passing of a woman who lived a long and charitable life, her family started the process of estate administration. Her will was made by solicitors three years prior and set out beneficiaries as the relatives and a couple of local charities. Then, out of the blue, the estate received correspondence from solicitors acting for a young woman unrelated to the deceased.

Expect the unexpected

The claimant alleged that the deceased had been subjected to undue influence when drafting the will in question and presented an older homemade will, where she was named as the beneficiary. She also made a claim under the 1975 Inheritance Act, stating that the deceased had treated her as a daughter. With an estate worth around ￡750,000, this came as a shock to the executors. The immediate concerns were if they could defend these claims, the legal costs involved, and how long this would take.

The executor’s solicitors did a very good job at refuting these claims and eventually the claimant and their solicitor stopped corresponding. However, these claims were not withdrawn, and any successful claim at court could have resulted in a full loss of the estate. Also, there was a concern about the deceased’s dementia diagnosis around the time their last will was made, even though the solicitor who drew it up was satisfied that the correct process was followed. The estate had a decision to make - risk distribution with this matter still unresolved, or spend more time chasing for a written withdrawal from the claimant.

Our innovation in action

After further enquiries with the deceased’s friends and family regarding their connection to the claimant, the team discovered they had known each other years before for a brief period. The deceased was involved with charity work and helped local young people in need of social support. This was an important part of the deceased’s life, helping dozens of young people over many years. Unfortunately, the kindness showed during her life was being taken advantage of in her death.

DUAL Asset were approached and asked to provide a Comprehensive Cover solution, which includes protection for a known will being challenged and Inheritance Act claims. We were able to help! The issued policy included cover for the executors, their legal representatives and all beneficiaries, with a small excess to run for 12 months in case of further claims.

Need help with similar matters? Get in touch with our team! ?

Kate Thorp is our Executor and Inheritance Manager: [email protected] or +44 (0)75 191 291 36.??

NB! Please note we do not deal with enquiries from the public. Please ask your solicitor to contact us. Our policies are estate protection policies and protect the estate as a whole from third party claims. We do not provide professional indemnity insurance and do not cover claims from known beneficiaries.?

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DUAL Asset is a trading name of DUAL Corporate Risks Limited which is authorised and regulated by the Financial Conduct Authority No. 312593. Registered in England and Wales under company number 4160680. Registered Office: One Creechurch Place, London, EC3A 5AF, United Kingdom.?