Wills, Fraud and Family Rows...

Well, they say that money is the root of all evil... and I'm currently dealing with a family who would wholeheartedly agree. Unfortunately, their world is in pieces after a grandparent's death and subsequent fight over the inheritance, all made more complex with a blended family to deal with, lots of emotional turmoil and various legal and financial ramifications to deal with.

Whilst researching options and outcomes, I came across some very interesting recent court cases all about Will disputes that I wanted to share with you, the outcomes you might not expect!

I am often found talking about vulnerability, and my recent master's degree research focused heavily on the impact that stress and heightened emotions have on decision-making - and I often wonder how these situations could be avoided.

Open and early conversations with family members would certainly help lots of cases, as would involving legal and financial professionals to help preempt challenges and prevent things from going wrong.

There is often a sense of entitlement to an inheritance that can distort someone's decision making, and this factored into the judges' view regarding claimant Carlton Watts,?whom he said held 'a fixed belief that his mother has dishonestly and unfairly deprived him of his entitlement to his father’s estate, and that this has coloured and distorted his view of the factual matters relevant to this case.'

The claim by a son against his 92- year- old mother that she forged her husband’s signature on his Will made in 2000 are rejected by the England and Wales High Court

The case

Eustace Watts had been married to Jobyna Watts for 45 years and, when he died in 2008, he left his whole estate to his wife.

His Will had been executed correctly being signed and witnessed by a solicitor and legal secretary at their local law firm.

However, the couple’s son, Carlton Watts, alleged that the deceased did not execute the Will and that the signature was a forgery. His claim was supported by evidence provided by a handwriting expert he had appointed. He also alleged that the deceased had made a Will in 1994 under which he was a one-third beneficiary, together with his mother and her other son. He said his relationship with the deceased had been good, or at least good enough not to justify his being disinherited.

He also reported his mother to the police for fraud and money laundering. However, after investigation, no action was taken.

Jobyna also instructed a handwriting expert, who looked at 18 samples of the deceased's handwriting and signatures and that of the mother over a 65-year period. His report identified natural variations and made a forensic assessment of the deceased's and the mother’s handwriting and signatures. He concluded there were no significant differences between the deceased's disputed signature on the Will and the reference signatures that had been examined.

The deciding testimony came from Sarah Evans, the solicitor who had taken the instructions for the deceased's last Will and had arranged and witnessed its execution in 2000. She had a clear recollection of the deceased, who had been a long-standing client of the firm. She recalled the deceased's instructions as being clear and consistent, stating that his surviving spouse was to be the sole beneficiary and that Watts was not to inherit anything if the mother survived him. Evans identified and recognised her own signature and that of the other witness. She also recalled the deceased attending her office and signing the 2000 Will, which the firm kept in an electronic register, although the Will file itself has not survived.

The judge duly rejected the conclusions of the son’s handwriting expert and instead accepted the testimony of Jobyna’s expert and Sarah Evans. Accordingly, he ruled that the Will was genuine.?

A?Will?held on a deceased’s computer has been accepted as valid by the England and Wales High Court

STEP has reported that, even though there were never any paper copies found, a?Will?drafted by Dr Steven Cooper (the deceased) on his computer in March 2018 has been accepted as valid.

Dr Cooper, who was estranged from his family, had gone through a difficult divorce after 13 years of marriage. He had two children whom he felt he had fully provided for by the financial settlement made on his divorce from their mother.

Shortly after the breakdown of his marriage, Dr Cooper was prevented from having any contact with his children and he re-connected with a childhood friend Karen Chapman.

Dr Cooper passed away suddenly in July 2019 after several years of poor physical and mental health. By then he had formed a close relationship with Karen Chapman, which continued until his death.

He had made a?Will?in 2009 leaving his estate to his two children provided they lived until age 21, which was submitted for probate by his ex-wife.

However, Karen objected to this?Will, claiming that he had written a homemade?Will?on his computer in 2018, revoking the 2009?Will?and leaving almost all his estate to her. There was no provision left for Dr Cooper’s children in his new?Will, as he had decided that they had been fully provided for by the financial settlement made on his divorce.

The issue with the new?Will?was there was no physical paper copy ever found and the draft was held on Dr Cooper’s computer.

The computer was examined by experts who concluded that the new?Will?had been drafted in January 2018, amended in March 2018 and a final unaltered copy transferred to another computer in February 2019.

Karen also confirmed that a copy of the?Will?had been printed, signed and witnessed in March 2018. The witnesses to the?Will?were relatives of Karen who were able to confirm that the?Will?was printed and signed by Dr Cooper.

The judge, after examining the evidence, including the fact that Dr Cooper had altered his pension nomination form in favour of Karen, concluded that the?Will?was indeed valid and the witnesses were telling the truth.

Comments

It is unusual for a?Will?to be validated where there is not a physical copy. However, in this case, the evidence provided and the actions of Dr Cooper demonstrated that there was no reason to disbelieve that he had left everything to Karen Chapman.

It is always best to ensure that our clients have a valid?Will?executed in the correct manner to prevent lengthy delays when dealing with their estates on death.

Widow left out of husband's will after 66-year marriage wins half of ￡1 million pound estate

The case

Karnail Singh died in 2021 and in his Will, which was written in 2005, he left his entire estate to his two sons, his male bloodline.

Karnail married Harbans Kaur in 1955 and they had two sons and four daughters from their marriage. The family ran a clothing business together which Kaur also worked in before it closed down. They were married for 66 years before his death in 2021 and in his Will he left his entire estate to his two sons.

Harbans Kaur is now in her 80’s with deteriorating health and living off state benefits of approximately ￡12,000 per year.

She took legal action and the case was heard in the High Court in London by Mr Justice Peel.

The outcome

Mr Peel said evidence showed Kaur had played a “full role” in the marriage and worked in the family clothing business. After a marriage of 66 years, to which she made a full and equal contribution, and during which all the assets accrued, she was left with next to nothing.

He said it was clear “reasonable provision” had not been made for her and ruled that she should get 50% of the net value of Mr Singh’s estate.

He stated that it is hard to see how any other conclusion can be reached.

Comments

This decision is evidence that people cannot simply be cut out of Wills, especially spouses/civil partners who have contributed for a significant number of years.

Lawyer Jessika Bhatti, who represented Mrs Kaur, stated “I feel privileged to be a part of an injustice made right. This judgment has opened the door to many other families and individuals who find themselves in similar circumstances.”

Care should aways be taken where dealing with?vulnerable?individuals even where close family members are involved. Making sure clients are fully aware of what they are entering into - and if you are reading this as a legal professional, stick the 22nd September in your diaries for my 'HOT OFF THE PRESS' Yorkshire Solicitors Vulnerability Conference - it's going to be brilliant!!