Author: Victoria Wells

I was interviewed today live on BBC Three Counties Radio, about relatives’ rights under Wills.
This stems from a case currently at the Court of Appeal, concerning a woman from Hertfordshire who was left out of her late mother’s Will in favour of two animal charities, who each received a tidy sum.

The main issue under discussion was whether a person is automatically entitled to inherit from, say, their parents, simply by virtue of being related. The short answer is “no” – a basic principle of our law is that a person can leave their estate to whomever they want.

However, under the Inheritance (Provision for Family & Dependants) Act 1975, certain categories of people can bring a claim against the estate if the Will has not made “reasonable financial provision” for them. This includes spouses and civil partners, children, and other FINANCIALLY DEPENDANT people.

In general, an ADULT child, capable of supporting themselves, will not receive favourable treatment from the courts if they make such a claim.

In my experience, it is very unusual for Testators NOT to provide for their dependants, and if they DO leave adult children out of their Wills, there is usually a reason (good or otherwise!). Certainty if a client of mine was intending to leave an adult child out of their Will, I would advise them to leave a letter with the Will, explaining why they have done this, as this may help counter any potential claims.

My totally non-legal advice would be ………get on with your family!

Should you require any specific advice on matters raised in this article, please contact the Wills, Trusts & Probate Team at SA Law on 01727 798000 or email victoria.wells@salaw.com.

Author: Victoria Wells

The sudden death last month of former “Diff’rent Strokes” star Gary Coleman has highlighted the importance of having a valid Will, and keeping it up to date.

Despite his showbiz background, Gary’s personal circumstances were in some ways not that different to many of us, with both an ex-wife and a former girlfriend on the scene, and the lack of clarity around his wishes has led - perhaps inevitably – to dispute between the two.

There is also uncertainty about what to do with his ashes, surely a situation which none of us would want our loved ones to be left in.

In his 1999 Will, Gary gave instructions about his funeral, that he wanted it conducted by people who had no financial ties to him and who “can look each other in the eyes and say they really cared personally for Gary Coleman”.

He also in the Will appointed a close friend as his executor.

In 2005 it appears that Gary made a new Will, in favour of his then girlfriend, Anna Gray. The Will specified that he did not want any sort of funeral service.

Following his marriage to Shannon Price in 2007, he made a “homemade” Will, in which he named his wife as his sole beneficiary. Apparently this was signed, but not witnessed, so lacks full testamentary validity. They divorced in 2008.

Perhaps inevitably, Ms Price and Ms Gray are now in dispute about who should administer Gary’s estate, and who is entitled to that estate. Ms Gray argues that they were together for eight years, and that the 2005 Will is the valid “last Will and Testament”. Ms Gray contends that, as they were still living together at Gary’s death, despite their divorce, she is entitled to be treated as his “wife”.

A lawyer has now been appointed by the courts to sort out the mess, and in the meantime both Gary’s ashes and his estate remain in limbo.

The heartache and expense of all of this could all have been avoided if Gary, following each major change of circumstance in his life, had taken professional advice to ensure that his latest Will matched his current situation and that his belongings and his funeral would be dealt with as he wished, by the people he wanted.