Pictured: Challinors' solicitors Louise Jackson (Family
team) and Lisa Jackson (Wills Trust & Probate)
The Court of Appeal's decision not to remove executors from the
Will of eccentric TV presenter and personality, Timothy
Hadcock-Mackay, could have been 'very different' if more thought
had been given over who he chose as his executors, according to a
Birmingham solicitor.
Lisa Whitehouse, a solicitor in the Wills, Trust and Probate
team at Challinors, says: "In the Court of Appeal, the partner of
Timothy Hadcock-Mackay, Alexander Torquil Mackenzie-Buist, lost his
battle to have the executors of the estate removed, even though he
argued the executors had 'eroded' the value of the estate."
A well known presenter on Channel 4 and hotel entrepreneur, Mr
Hadcock-Mackay, committed suicide in July 2006 leaving an estate
worth approximately £2million.
Mr Hadcock-Mackay and Mr Mackenzie-Buist never entered into a
civil partnership or a cohabitation agreement, even though they
lived together at Mr Hadcock-Mackay's £1.2 million
mansion.
"In his Will, Mr Hadcock-Mackay made Mr Mackenzie-Buist a
substantial beneficiary of the estate," explains Lisa, "but Mr
Mackenzie-Buist's lawyers argued the property portfolio left behind
by Mr Hadcock-Mackay ought to be treated as belonging to their
client, who had contributed more to their purchase price than Mr
Hadcock-Mackay in whose name they were registered.
"Mr Mackenzie-Buist's lawyer explained that the value of Mr
Buist's contribution to the purchase price of the properties
registered in the deceased's name far exceeded any contribution
made by the deceased himself.
"However, the executors argued that Mr Hadcock-Mackay was
labouring under a 'fundamental misconception' of his entitlements
under the Will and they had to take into account the position of
the other beneficiaries.
"If the couple had made their intentions clear by way of a
Cohabitation Agreement, carefully considered their choice of
executors and the extent to which the estate would include Mr
Hadcock-Mackay's share of the property, Mr Mackenzie-Buist would
have been in a much stronger position to protect his investment in
the property."
Challinors' Louise Jackson, a solicitor in the Family Law team,
explains: "The importance of a Cohabitation, or living together,
Agreement cannot be underestimated, as they are invaluable in
addressing both parties' intentions. As in this case, it is not
uncommon for couples to contribute unequally to the financial
deposit when their new home is purchased, and for no documents to
be drawn-up to record their respective shares in the
property.
"The failure to agree interests in any jointly owned property
creates uncertainty which is compounded by the law relating to
unmarried couples - who are in fact forced to rely on complex
property law to establish the extent of their claim on a
property.
"A Cohabitation Agreement serves to set-out provision for the
co-owner and partner in the event of their death; indeed copies of
couples' Wills can be included with the agreement for further
clarity and certainty."
Lisa Whitehouse adds: "The case of Mr Mackenzie-Buist not only
demonstrates how Cohabitation Agreements can safeguard against
problems in the future, but also highlights that selecting an
executor is a vital decision with great consequence, and one to be
reviewed over time if circumstances should change.
Sir Robin Jacob refused Mr Mackenzie-Buist permission to take
his claim further and urged the parties to reach a settlement.
Challinors has offices in Birmingham, West Bromwich,
Wolverhampton, Halesowen and Nottingham. It has 18 partners and
over 100 fee earners, and is ranked as one of the top legal firms
in the West Midlands. The firm's Family Law team received top tier
ranking in the 2010 and 2011 editions of the Legal 500 Directory
and is ranked in Band 2 of the Chambers UK Directory. The firm is
Number 1 in the Chambers UK Directory in Crime and Clinical
Negligence categories.