A builder who did an odd job for a lonely pensioner free of charge has discovered his act of kindness has been richly rewarded. It is quite possible that Danny Sharp is currently wondering precisely what to do with his wholly unexpected and substantial windfall worth a little under £500,000.
Sharp v Hutchins (2015)
Background
Ronald Butcher died in March 2013. A private and quiet man, he was unmarried with no children although he did keep in touch with an elderly cousin and had a small network of close friends who together were to be the intended beneficiaries of his Estate.
Mr Sharp had met Mr Butcher some years before his death and fixed his gutters free of charge. That gesture would not be forgotten and from then on-wards, a friendship blossomed based on a mutual interest in boxing and human interest stories. Mr Sharp did not describe himself as a close friend of Mr Butcher but would drop in to see him whenever he was in the neighbourhood. A little over two months before he died, Mr Butcher made Mr Sharp the sole beneficiary of his Estate using a homemade Will pack.
The revelation they had been entirely disinherited in favour of a jobbing builder they had never heard of until after Mr Butcher’s death clearly came as a great shock to those who would have inherited under the previous 2011 Will. They strenuously challenged Mr Sharp’s version of events and he now had to prove the homemade Will was valid.
Legal proceedings
The Court held there was no question Mr Butcher had the requisite capacity to make the Will and that he knew and approved of its contents. Allegations of forgery were dismissed following expert handwriting evidence as were unsupported suspicions regarding the honesty of Mr Sharp and the integrity of the two witnesses to the Will, neither of whom knew Mr Sharp nor one another.
A significant factor for the Court in finding the Will valid was that Mr Sharp knew nothing about it nor had anything to do with its preparation.
Comment
Although stories of unexpected mentions and omissions in Wills are commonplace, they’re not usually on this scale. For the most part, this dispute could have been avoided had the Will been prepared by and executed before a solicitor. Homemade Wills can turn out to be a false economy and are regularly the source of distress and rancour especially when something out of the ordinary or unanticipated lurks within.
Homemade Wills are also particularly vulnerable to challenge on the grounds they have been invalidly executed.
There are some lessons to be drawn from this matter:
- Testators – always instruct a solicitor who can professionally advise you to ensure your needs are met and your Estate passes to those you wish to benefit and at the same time significantly lessen the chances of a later challenge; and
- Builders/tradesmen – odd jobs free of charge for lonely pensioners might be the best move you ever make.
How Nelsons can help
Kevin Modiri is a Partner in our expert Inheritance Disputes team.
Should you have any queries relating to the subjects discussed in this article, please do not hesitate to contact Kevin or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.