BUSINESS - IRWIN MITCHELL
THE IMPORTANCE OF UPDATING A WILL AFTER MAJOR LIFE EVENTS
Ms Corrado originally sought a lump sum of £850,000 from Mr Ubbi’s estate under the Inheritance Act on behalf of her illegitimate children. They had not been provided for in his Will, which was dated August 2010. At one point during the process the claim had been as high as £2.3m.
The court had to adjudicate on three significant areas of dispute between the parties: housing needs, childcare and private schooling. It eventually ruled that private education could not be included, and awarded Ms Corrado £386,000.
The judge found there was “no expectation that the children would have been educated privately” and did “not accept that the provision of private education is a reasonable financial provision for the children”.
Gavin Faber
A recent claim on behalf of infant children for maintenance from their deceased father’s estate has highlighted the importance of keeping a Will up to date.
Mr Ubbi died unexpectedly in February 2015 when he was in the process of getting a divorce from his wife. He had one disabled child and a stepdaughter.
He had been living simultaneously with Bianca Corrado, and had fathered two children who at the time of his death were aged three and six months.
Mr Ubbi was described in court as living a ‘double life’, running two households to a high standard of living. His estate was valued at £3.4m.
Gavin Faber, a Partner in the Will, Trust and Estate Disputes team at Irwin Mitchell Private Wealth, said thousands of families could face the same issue. Divorce and remarriage had become increasingly common in society, yet Wills were rarely updated after big life events.
“It can be incredibly costly in the long run to let your Will languish with outdated information,” Gavin said. “In this case, the deceased led a double life and stayed married to his former wife while living with his mistress at the time of his death. It’s vital to consider the consequences of staying married to someone when the relationship has broken down irretrievably, particularly if you then have a second family.”
“This case also goes to show that whilst updating a Will may seem costly and time- consuming from the outset, the fallout of leaving heirs and second families unaccounted for is much worse. Will disputes can have a devastating effect on families and can massively exacerbate existing tensions.”
In evidence Mr Ubbi’s widow Susan said he had told her he did not intend to change the provisions in his Will, and his estate would be left to her so that she could provide for their son. She also said the couple had reconciled before his death and he had prevented her from divorcing him. But the judge did not accept that evidence.
Gavin said: “It is not commonly known that getting remarried can invalidate a previous Will, leaving potential heirs with no option other than to pursue a claim. We strongly advise that a person’s Will is updated after every major life event, be that divorce, remarriage or death. That way the inevitable stress, cost and fallout from a Will dispute can be avoided.”
Irwin Mitchell Private Wealth offer unrivalled guidance and advice to help you plan appropriately
and make the right decisions at the right time, contact Gavin Faber on 0370 1500 100 Extension: 5366
gavin.faber@irwinmitchell.com
@WillDisputes_IM
www.irwinmitchell.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144 |
Page 145 |
Page 146 |
Page 147 |
Page 148 |
Page 149 |
Page 150 |
Page 151 |
Page 152 |
Page 153 |
Page 154 |
Page 155 |
Page 156 |
Page 157 |
Page 158 |
Page 159 |
Page 160 |
Page 161 |
Page 162 |
Page 163 |
Page 164
