Frozen out

The High Court has recently heard a case involving all-too-familiar circumstances: a family dispute about a will. A man and his first wife set up an ice cream business in 1982. The business became successful and their adult children joined the business as well. The man and his wife divorced in 2011 and the man subsequently remarried in 2014 and had another child with his new wife.

The man made a promise by deed to his adult children that he would leave his shares in the ice cream company to them and further promised that his will would reflect this agreement. However, the man did not comply with this promise and made a will in 2017 leaving his shares in the business to his new wife. The case that reached the High Court was a claim by the man's adult children and his first wife to enforce the promise that he made to leave the shares to his adult children.

The sums involved were not insignificant. The man left a total estate of £4.75 million to his second spouse; the claim was for a £1.6 million share in that fortune.

The High Court found in favour of the man's first wife and adult children. The Court was prepared to find that the man should have honoured the agreement to leave his shares in the family business to his adult children.

A point of interest about the case is that the man left a 'letter of wishes' to be read after his death explaining why he was leaving his adult children out of his will. He said:

'I love Roberto and Rosanna very much and my will is no reflection on how I feel about them.

'I have provided both of them with significant financial funds in their lifetimes, and I have set them up with properties, rental properties, and provided them with careers.

'They are independent adults now with financial security. I consider this more than sufficient financial provision for Roberto and Rosanna.'

Matters of preparing wills are always more complex where there is a business involved and relationship breakdowns. It is fair to say that such cases often turn on their own facts but simply leaving a letter of wishes explaining the deceased's reasoning was not sufficient to dispose of the claim by the adult children.

The sad part of this story is that the deceased died unexpectedly at the relatively young age of 66. It is a cliché, but we never know what is around the corner and taking appropriate advice to ensure that your affairs are in order will give peace of mind during your lifetime and hopefully will avoid disputes after you are gone.

To discuss this or any other wills and probate matter, contact us.