Granddaughter written out of will for 'living in sin'
14 Feb 2012
A woman has been cut out of the will of her catholic grandmother
after "living in sin" for 18 months.
Judge Robert Miles QC ruled that Irish-born Bridget Gabrielle
Murray had intended to leave her grandchildren Caroline Barrett and
David Robertson out of the will and had bequeathed them a quarter
share of her estate in error.
When Ms Murray passed away in 2010, her three children David and
John Murray and Catherine Turk contested that she had intended to
split her GBP220,000 estate four ways.
They claim that her intentions differed from what was stated in the
will and she strongly disapproved of Ms Barrett's decision to live
with her partner for 18 months prior to her wedding.
The High Court heard that Ms Barrett's and Mr Robertson's mother
Monica had died three years earlier and Ms Murray had made other
provisions for them in her will, leaving them a quarter share in
error.
"My mother was a very religious person. She was a member of the
Catholic Council. She didn't believe in people living together
before marriage," Mr David Murray told the court.
However, Ms Barrett claimed that although her grandmother
questioned her about when she was going to get married she was
never particularly stern.
Nevertheless, Judge Miles said: "It was a matter for Mrs Murray how
she divided her estate even if, on one view, it might not have been
particularly fair, or even capricious."
Wills can be a contentious topic between family members but Hodge
Jones & Allen can provide expert advice to avoid ambiguity or
confusion.
Sarah Cooper, head of the private client team at Hodge Jones & Allen in
London says
“At Hodge Jones & Allen we provide a bespoke will preparation service
to ensure all of our clients’ wishes are covered. Having a
valid will is vital. We discuss with our clients their
circumstances and potential beneficiaries to ensure that their
wishes are accurately recorded in the will. This area of law
does require a solicitor who is knowledgeable and a
specialist.”