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Headway Benefits as Disputed Will Upheld
Thanks to a ruling in the High Court concerning the contested Will of Colchester resident, Daniel Boyles, Headway – the charity that supports people with a brain injury – will benefit from half of the estate left by Mr Boyles, who died leaving an estate believed to be worth approximately £270,000.The Will was challenged by Daniel’s sister, Mrs Horspool, who had been excluded. Essex Law firm, Birkett Long LLP, acted for Mrs Samuelson, Daniel’s other sister, who was a beneficiary and executrix of the Will. The case reinforces the need to make a Will that is as clearly defined in law as possible so that the people you want to benefit will do so following your death.
Amanda Smallcombe from Birkett Long headed up the case. An expert in contested probate work, Amanda is one of a team of people which includes a member of the Association of Contested Trust and Probate Solicitors. The case centred on Mr Boyles, who in his Will stated that his estate should be divided equally between Mrs Samuelson, one of his two sisters, and the charity, Headway, which had given Mr Boyles excellent support following a stroke. Mr Boyles had used a Will Writer rather than a Solicitor to draw up his Will. Mrs Horspool, the sister who had been excluded from the Will, represented herself during a four day trial in The Royal Courts of Justice, London.
Amanda Smallcombe, who represented Mrs Samuelson in her capacity as Executrix of the Will, explains the legal issues at stake: “Daniel’s sister, Mrs Horspool, was not named as a beneficiary in the Will. In an attempt to show that her brother’s Will was invalid she argued that he did not sign it, that he was incapable of giving instructions to a Will Writer or understanding what arrangements had been made and lacked the necessary mental capacity to make a Will because of the combined effect of head injuries he sustained in a road traffic accident in the 1970’s and the stroke he suffered eleven years later. We were able to rely on evidence from a handwriting expert, his GP, friends, plus former and existing staff from Headway who had known Daniel. It was clear that Daniel had had disagreements with Mrs Horspool and her family on several occasions and this presented a logical explanation as to why she had been excluded from the Will. It was also evident that Daniel valued the great deal of care and support he received from Headway and therefore wanted to show his appreciation by leaving the charity half of his estate. Our client, Mrs Samuelson, acted purely to carry out her brother’s wishes to benefit Headway in her role as Executrix to his Will. Her share of the Estate would not have changed even had the Judge ruled that Daniel’s Will was invalid.”
In a Judgment given on 29 July 2008, Judge Nugee QC upheld Mr Boyles’ Will and ruled that the Estate should be divided equally between Mrs Samuelson and Headway. This means that the charity will benefit from half of the net estate.
Contesting a Will in the High Court can be a lengthy process involving complex legal issues. Birkett Long LLP is one of the few heavyweight law firms outside of London that can provide advice on this specialised topic.
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