Will error prevents adopted son from receiving inheritance
06 Feb 2012
A small error in the will of a couple from Kent has left their
adopted son without an inheritance.
Maureen and Alfred Rawlings intended to leave their entire estate
to Terry Marley, who they never officially adopted, instead of
their two biological sons and wrote identical wills outlining their
wishes.
However, it was discovered after their deaths that the pair had
inadvertently signed each other's wills rather than their own,
making them invalid.
When the error was exposed, Mr and Mrs Rawlings' sons contested the
wills so that they could inherit the GBP400,000 family home and
GBP74,000 in cash over Mr Marley.
At the Court of Appeal, Lady Justice Black ruled "with great
regret" that as the wills were interstate the money must now go to
their biological sons, who they had planned to disinherit, the
Metro reported.
She explained that her hands were tied with the ruling, despite
being in no doubt that the pair had wanted to leave their
possessions to their adopted son.
"Unfortunately, that certain knowledge is not what determines the
outcome of this appeal. The will is therefore not valid," Lady
Justice Black said.
Mr Marley was taken in by the Rawlings in the 1970s when he was 15
and unofficially adopted.
He lived with the couple for 30 years and nursed them in their old
age until they died.
The case follows another high profile probate dispute, when Philip Howard
lost his appeal to seek the GBP1.5 million inheritance he thought
he was owed following the sale of the family ancestral home.
Chun Truong, a dispute resolution solicitor at Hodge Jones
& Allen comments:
“Wills can get very contentious between family
members. It is important that a will is written by a professional
solicitor, to avoid any ambiguity or litigation in the future. If
you are considering making a will or would like to discus making
a will, please do not hesitate to contact our Private Client
team.
If you find yourself in the unfortunate
situation of being embroiled in a dispute, then our Dispute Resolution
team are experienced in dealing with all manners of
contentious probate issues for impartial specialist advice.”
