It is crucial to regularly review your Will. Circumstances change, and life takes twists and turns when you least expect it. As time goes on, the way in which you want your estate to be divided will likely change, often because you meet people after your original Will is written who you feel are more deserving of inheritance.
This happened to Mr Redmond, who met his partner, Mrs Taylor, years after his Will was written, which instead left everything to his two daughters, Lynn Leberknight and Jane Redmond. When Mr Redmond passed away, his daughter, Mrs Leberknight, ordered that Mrs Taylor must leave the home she had shared with Mr Redmond. Because of no revisions in his Will, his life partner was legally left nothing.
Although Mrs Taylor was left with very little as far as Mr Redmond’s Will was concerned, Courts are able to apply the principles of ‘equity’ to reach a fairer outcome for all parties involved. Notably, the maxim ‘equity looks to the intention rather than the form’ means that equity will not allow for the reliance on the strict wording of the law if said wording would have an unethical and unjust outcome.
The principles of equity are therefore crucial in the case of Mr Redmond. Mrs Taylor made a claim under the rules of equity against Mr Redmond’s estate. This claim was successful, with Judge Hockman QC finding it ‘improbable that in his deteriorating state of health, Mr Redmond would choose to end a relationship with a woman whom he clearly loved’. He followed this by confirming ‘equity regards as done that which ought to be done’. This was despite Mr Redmond’s daughters claiming he was not the ‘marrying type’ and labelling his relationship with Mrs Taylor as an ‘affair’.
Even though Mrs Taylor’s claims proved a success, being awarded £325,000 of Mr Redmond’s £1,000,000 estate, it cost thousands of pounds in Court and solicitor fees, and relationships with Mr Redmond’s family broke down. The battle that was this estate case could instead have been avoided if Mr Redmond had chosen to update his Will to include his partner.
We can offer a free initial consultation, if you would like to discuss updating your Will. Simply call us at 01628 334250 and we can arrange an appointment.
