The Will of a deceased person is sometimes not always as it seems. A testator may discuss their Will before their death and, at times, leave gifts to beneficiaries with the intention that they deal with them in a specific manner. By way of example, the testator may leave all personal chattels to only one child with directions they distribute to others following the testator’s instructions (these instructions may be in a separate letter or expressed verbally during their life). However, such express wishes are not always binding and can lead to much dispute on death.
This was seen in the case of Titcombe v Ison where the Claimant (Mrs Titcombe) pleaded that the Defendant (Mr Ison) inherited parts of the Deceased’s estate to be held on Trust for the Claimant.
Titcombe v Ison
Case summary
The Claimant was the Deceased’s niece and no doubt a disappointed family member as the Deceased had left her full estate to the Defendant who was only a close friend and not a member of the family.
Part of that estate consisted of a valuable jewellery collection: the asset the Claimant purported was held on secret Trust in her favour. At Court, the Claimant was required to prove the Deceased intended to create the Trust and had made it clear. If successful, the Defendant would have been held to be holding the jewellery on Trust for the Claimant to those terms of the purported Trust.
The Court noted that there was no written document confirming the Deceased’s wishes combined with the Claimant being unable to specifically identify the Trust’s creation, significantly damaging the prospects of the claim. The claim, therefore, failed as the Claimant was unable to prove the existence of such Trust, allowing the Defendant to retain the jewellery as per the Will.
The Court did, however, note this decision would not prevent the Claimant from bringing a claim to challenge and set aside the Will. This would be a separate claim and on the basis, the Will was not valid.
Comment
This case highlights the importance for a testator to specifically include their wishes as to gifts in their Will and further, demonstrates where proper legal advice is necessary to ensure a testator’s wishes are properly recorded.
How Nelsons can help
Stuart Parris is a Trainee Solicitor at Nelsons.
If you believe a deceased family member intended for you to inherit, however, this is not the case due to the Will or rules of intestacy, please contact a member of our expert Inheritance Disputes team in Derby, Leicester or Nottingham who will be able to assist.
Alternatively, if you are in the process of making a Will and require legal advice to ensure your Will accurately reflects your wishes, please contact a member of our Wills, Trusts and Probate team.