The Risk of an Inheritance
On 17 October 2024, The Independent newspaper reported of the sad circumstances that led to the death of Steven Riley Jr in the US. It is reported that his girlfriend (Ina Thea Kenoyer, a North Dakota resident) poisoned Mr Riley with antifreeze which resulted in his untimely death.
Ms Kenoyer was charged with his murder in October 2023 and subsequently pleaded guilty in May 2024. Ms Kenoyer was sentenced yesterday to 50 years, with 25 years served in prison and a further 25 years suspended (with a further 10 years of supervised probation).
The reason behind this tragic and entirely unnecessary killing? An inheritance.
What makes this incident worse is that it is believed the inheritance didn't exist. Or at least not in the sums believed by Ms Kenoyer, who thought it to be worth $30million.
Ms Kenoyer is reported to have felt that she should be entitled to some of Mr Riley's inheritance as his common law wife. This is despite the fact that the article notes Mr Riley's intention to break up with Ms Kenoyer, and the fact that a common law marriage is not recognised in North Dakota.
Following his death, NBC News reports that Ms Kenoyer informed detectives that she planned on splitting Mr Riley's inheritance with his son but became outraged when she found she wouldn't be entitled to anything.
While the above relates to a sad incident in the US, it is reflective of the legal position in England and Wales, where the concept of common law marriage is also not recognised. While there is a legal mechanism allowing cohabitees to seek reasonable financial provision from their partner's estate, the outcome of such a claim is not guaranteed, and is based on financial need and surrounding circumstances.
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The above said, in England and Wales we have further laws preventing those who unlawfully kill someone or contribute to their death from receiving an inheritance from their estate.
While the Court can, in certain circumstances, provide relief from this sanction (such as in the recent case of Morris v Morris & Ors [2024] EWHC 2554 (Ch) (09 October 2024) (bailii.org)), this is not the usual position, and compelling evidence must be provided to set out the reasons why the sanction should not apply.
Money is evidently a motivator for certain behaviours, and in the above case a tragic outcome for the friends and family of Mr Riley. As a Wills, Trusts and Estate Dispute specialist I see too often the impact money can have on people. Obtaining specialist advice early (both in respect of your own estate and intended distributions on your death, and in respect of any inheritance dispute that may arise) is vital. Without it your estate may be tied up for many years while being argued over by the loved ones you left behind.