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A high-profile inheritance dispute has captured headlines after a man passed away without a Will leaving behind a complex family dynamic. The controversy stemmed from his extra-marital affair which revealed two previously unknown biological children. All five children had to navigate the legal process without a Will to guide the division of assets. This process in known as an intestacy.
The order of priority on intestacy is set out in Section 46 of the Administration of Estates Act 1925 (AEA 1925), as amended.
Where there is no surviving spouse (as in this case), the children of the deceased receive the estate. This includes legitimate, illegitimate or legitimated children. Herein lay the issue.
Mel Grose, Partner and Head of the Inheritance and Will Disputes Team , explores this case and the importance of making a Will.
Michael Gymer passed away in 2020, following the death of his wife, Julie, earlier that year. Michael and Julie had three children, Gregory, Lee and Shelley. When Julie passed away, her estate passed to her husband, Michael.
Unbeknownst to Julie and the children, Michael had been involved in an extra-marital affair. This had resulted in him having two other biological children, Charlotte and Joseph.
As Michael had not made a Will, upon his death his estate (worth approximately £461,000 including Julie’s estate) was dealt with under the Rules of Intestacy pursuant to s46 AEA 1925 meaning that it was to be divided equally between all five of his biological children. This meant that each child would receive in the region of £92,000.
Michael’s three oldest children argued this was unfair, as Michael’s estate included the proceeds of their late mother Julie’s estate. They were certain she would not have wanted her estate to go to the children resulting from her husband’s affair. Joseph, Michael’s youngest son, argued that Julie had in fact been aware of the affair so the intestacy should stand. He believed she would not have minded him and Charlotte receiving some benefit from her estate too.
The claim that was brought was argued on a ‘needs’ basis, with the judge, Recorder Jonathan Cohen KC, ruling that Michael’s older two sons, Gregory and Lee had a greater financial need than the other three children. Recorder Cohen KC also found that it was unlikely, in the circumstances, that Julie would have been aware of her husband’s affair.
Recorder Cohen KC ruled, that given Gregory and Lee’s higher financial need, a third of Julie’s share of the Estate should be set aside for Gregory and Lee’s benefit. This amounted to £170,000, with Gregory and Lee receiving £85,000 each.
The remainder of the Estate was then split equally between all five children, who received approximately £58,000 each. This was a seemingly pragmatic and sensible solution to the arguments by all parties including Julie’s estate comprising a large amount of Michael’s estate.
This case highlights the importance of not only making a Will but also providing sufficient accompanying instructions or letters. We would always recommend, that whilst testamentary wishes are often a topic that people do not wish to discuss, it is infinitely better for family members to be fully aware of one’s wishes – especially where circumstances aren’t clear cut.
Coodes’ Wills and Probate team has been recognised as a leading practice for this work in the South West. If you need advice on any aspect of succession planning, estate management or will preparation, call 0800 328 3282. Alternatively, you can fill in our online contact form here. We would always recommend having a professionally prepared will.
For contentious issues surrounding an estate, Coodes’ Inheritance and Will Disputes Team are happy to assist. Contact the team on 0800 328 3282 or by using our online contact form here, to arrange an initial appointment.
Head of Personal Disputes
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