Will of man who conspired to murder is still valid

Disputes about wills are often sad and stressful for the families involved and are possibly more likely when the estate of the person who has died is considerable. The High Court has heard a case recently which involves the will of a man who was described as 'at times ruthless' and 'prone to jealousy'. One of the more startling features of the case is that in 1979, the deceased was charged with and pleaded guilty to conspiring to murder his wife. Rather than being sent to prison, the deceased was made subject to a Hospital Order under the Mental Health Act 1959. His mental issues were considered in the context of the dispute about his will.

Following the episode regarding the Hospital Order, the deceased successfully rebuilt his wealth, primarily through a property and investment company. Over the years the relationship of the deceased with his three children and stepson ebbed and flowed and, as is surprisingly common, he signed various wills over the years including and excluding beneficiaries dependent on the state of his relationship with them at the time. His last will was made in February 2018 gave £5,000 to each of his children and substantial monetary sums to extended family members, friends, assistance, associates and carers totalling around £2 million. The remainder of the estate, estimated at £4 million was left to the family trust which he had set up some years earlier. The man died in March 2018.

What followed is the family dispute regarding the final will; one of his daughters alleging that an earlier 2015 will was the valid will. Perhaps unsurprisingly, the deceased's children would receive substantially more money from their father if the 2015 will was held to be valid. Amongst the arguments put forward when challenging the 2018 will was that it was not rational, the deceased suffered a personality disorder diagnosed in 1979 and that the deceased's medical conditions and associated medication significantly adversely impacted his decision-making. In addition, it was also argued that the solicitor who drafted his will failed to take proper instructions and failed to ensure that adequate safeguards were in place so that the deceased properly understood the provisions contained in his will.

The court considered the facts of the case which are long and complex and reveal a sad state of affairs regarding the relationship of the deceased with his children over the years. However, the court found that the 2018 will was valid.

One of the key facts that came to light is that the person who drafted the will was the deceased's long-standing solicitor and friend who had drafted the 2018 will and many of the deceased's earlier wills. The solicitor was present when the 2018 will was signed and had explained the contents to the deceased. Further, the will was witnessed by a legal executive who confirmed that the will had been properly signed. In addition, the attendance note written by the solicitor at the time the 2018 will was made evidenced that the deceased was taken through the will in detail prior to it being signed.

This case is a salutary reminder of the importance of taking specialist advice from a suitably qualified professional when making a will.

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