03333 231 580
Contact us
When writing a Will, it is important to ensure that you have considered and properly provided for your spouse, children and dependants. If you fail to do so, the courts may step in and change how your assets are distributed.
In a recent and highly-publicised case, an 81-year-old parkrunner entered into a £600,000 inheritance battle with his stepchildren following the death of his wife. The individual, Mr Michael Morfey, was left nothing in the Will of his wife, Karen Morfey – despite the couple having been together for 18 years. Mr Morfey was merely granted the right to remain in her £600,000 London home for just one year after her death. Ms Morfey’s Will instead left the house she shared with Mr Morfey to her son and daughter.
Mr Morfey is seeking a £300,000 half-share of the house, and £25,000 to cover maintenance costs, claiming that his wife’s Will did not make “reasonable financial provision” for him. His wife’s children, however, are opposed to the claim and have called him a “trespasser” in their mother’s house. The children have also filed a counterclaim against him, arguing that he should pay £144,000 to the estate, to reflect cash and investments previously held by Ms Morfey which they claim were incorrectly transferred into his own name before she died.
In such cases, the Inheritance (Provision for Family and Dependants) Act, 1975 (the 1975 Act) enables certain classes of individuals to make a claim against an Estate where the Will fails to make reasonable financial provision for them. The 1975 Act applies to the estates of anyone who dies while domiciled in England and Wales. The Act carefully defines the classes of individuals who can make such claims, which includes the deceased’s spouse or civil partner, ex-spouses or civil partners (providing they have not remarried/formed a subsequent civil partnership and any divorce order does not debar them from making a claim), children, step-children (provided they are treated as a child of the family) and cohabitees (provided they had been living with the deceased for a continuous period of two years before death). It is also possible for a claim to be made by any person who was financially maintained by the deceased at the time of their death. In Mr Morfey’s case, he had married the deceased in 2009 and they had remained married and living together in her home up until her death, with Mr Morfey caring for her after she developed dementia in 2017.
At Central London County Court, Counsel for Mr Morfey argued that the elderly parkrunner is entitled to “maintain the standard of living he had enjoyed prior to” his wife’s death and evidence was given that between 2016 and 2020 he had contributed nearly £18,000 more than his wife to their household. Mr Morfey also questioned the level of care Ms Morfey’s children provided to her in his witness statement, saying that both Ms Morfey’s children “lost interest in her” after she changed her Will to benefit them in 2014. This was contested by the children and evidence of calls and visits made by them was adduced.
Disputes such as this are all too familiar amid modern family dynamics, especially if one party owns a home they bought with a previous spouse. The children of that former relationship understandably feel an entitlement to that family home, and the deceased often wants to preserve it for them. However, on the flip side, if that property becomes the home of the new partner, they also feel entitled to what has become their home.
In such cases, granting a life interest trust or right to occupy the home for life can be prudent. This would give the spouse the right to remain in the home for the rest of their life, while preserving the inheritance of the children. Such a provision would reduce the chances of disputes arising, and ensure that the bereaved spouse has security and a place to live for the rest of their life.
These fraught and fractious high-profile proceedings illustrate vividly the importance of making a carefully considered Will that takes into account all potential claims. Where a claim is possible, a testator is well advised to leave a letter of wishes setting out the reasons why they are not included. Furthermore, a testator should consider leaving a gift coupled with a forfeiture clause that the gift fails should they bring proceedings against the estate. This can deter potential claimants.
It is also important to note that, should an individual not make a Will, the distribution of their estate shall pass pursuant to a statutory framework called the Intestacy Rules. Even where the Intestacy Rules have been applied, dependents can still apply to court for greater financial provision.
In 1975 Act proceedings, should the court ultimately decide that the claimant has not received sufficient financial provision under the terms of the Will or the Intestacy Rules, an order can be made granting them a more substantial share of the estate. The court enjoys a wide discretion as to how to remedy matters, and an order could be made granting the claimant a particular property, a lump sum or a regular maintenance payment, although clean break orders are generally preferred by the court.
When considering what, if any, provision should be made for the applicant, the court will consider a wide range of relevant factors, including the size and nature of the estate to be distributed, the applicant and the beneficiaries’ needs and resources now and in the future, the obligations of the deceased to any relevant parties and the conduct and of the parties.
1975 Act claims must be issued at Court within six months of the date of the grant of probate and, after this time, an applicant would need to seek the court’s permission to proceed – however this may not always be granted.
These types of claims are far more common than is widely known, as most such cases do not progress to a full court hearing. Instead, they are typically settled earlier, often through mediation or other forms of Alternative Dispute Resolution.
Even where these disputes are ultimately settled without court intervention, family relationships can be damaged beyond repair, not to mention the impact of the legal costs, which can substantially erode or even completely drain an estate. A well considered Will which carefully observes any potential claims and minimises the risk using a letter of wishes and/or forfeiture clause can help to avoid such bitter, costly disputes and ensure that all loved ones are cared for.
If you have concerns about an estate or feel you may have reason to bring a claim, get in touch with our expert contentious probate solicitors or call 03333 231580.
