Pictured above: Robert Weston
More and more families are being split apart in inheritance
rows, a Midland lawyer has warned.
Robert Weston, a partner at MFG Solicitors, said disputes over
wills were becoming commonplace.
"People are taking a more 'thick-skinned' attitude," he
cautioned.
"It is partly down to the state of the economy. They are simply
keen to get their hands on the money and less bothered about
falling out with other members of the family."
Mr Weston has specialised in contentious probate for some time -
many of his cases are referred from other solicitors and trust
corporations.
A lot involve delicate family relationships.
One example was where he was instructed to advise a widow
following the death of her husband from cancer.
"He had formed a relationship with the nurse who was caring for
him," noted Mr Weston.
"Unbeknown to his wife of 30 years he had changed his will
immediately before his death, while still of sound mind, and left
his entire estate to the nurse.
"We suggested mediation but this was rejected and consequently
we issued proceedings under the Inheritance (Provision for Family
and Dependants) Act 1975. The claim succeeded and our client was
awarded £1.8 million."
In a second case a successful businessman died leaving an estate
worth £9 million.
He had a daughter from his first marriage. But she and his new
wife quickly established a rapport and ten years on remained
close.
In his will he left the bulk of his estate to his wife and
£90,000 to his 16-year-old daughter.
His wife, as executor of the will, received a claim under the
same Inheritance (Provision for Family and Dependants) Act 1975
from solicitors instructed by the child's mother, who was acting on
her behalf.
Mr Weston said: "There was no doubt that the provision made for
the daughter was inadequate.
"We suggested that a sensible offer of settlement should be made
so as to avoid expensive and acrimonious court proceedings.
Settlement was achieved and the client continues to have a good
relationship with her step-daughter."