MIRROR MIRROR WILLS ..Are they the fairest of them all???

In the UK it is common practice for couples to create Mirror Wills, which is where both Wills are  very similar reflecting each other wishes. Particularly common place when their children are inheriting.  Normally the couple will, in the first instance leave their estate to each-other, and if the other has already passed away by this point the estate is left to their children. These Wills are often made on the understanding that the remaining survivor will not change their Will after the other has passed away.

  • However....this arrangement relies on Trust.  The trust that their life partner will not change their joint wishes in the future.  
  • Background of CASE : Mclean v Mclean 
  • Reginald Mclean had three children from his first marriage.  Reginald had later re-married and was with his second wife, Maureen for 45 years. They had one son together. 
  • Reginald and Maureen executed mirror Wills in June 2017 which left their estates to each other in the first instance and the residuary estate of the survivor equally between all their children (from Reginald’s first marriage and to Maureen).
  • Reginald passed away in March 2019. In August 2019, only a few months after her husbands death,   Maureen executed a new Will which revoked her 2017 Will and cut out her three stepchildren completely so her entire estate would be left to her son. Maureen died within a month of the 2019 Will being executed.
  • The case was contested but this did not alter the outcome. Maureens Last Will & Testament survived the challenge and only her son inherited the estate.
  • The moral of this story... blood is thicker than water.
  • Court notes:
  • Reginald and Maureen wrote a joint letter to their children explaining the existence of the 2017 Wills, stating that each child would ‘get something to enjoy’, that they were ‘very happy’ with their Will contents and that they ‘wouldn’t feel confident to change anything now’ due to their deteriorating health. 
  • This did not stand up in Court. As the letter was not considered part of the legal Will.

 

LINDA BELLINGHAMS LAST WILL & TESTAMENT

Beloved OXO ad. Actress with many television appearances who passed away in 2014 leaving her entire Estate to her third husband with the responsibility on him to distribute the assets that she wished for her sons later.

 The 2013 will named her third husband as the sole beneficiary, placing the responsibility on him to distribute assets to her sons later.

The Allegations: Her two sons claimed they were left with just £750 each and argued that their Step father was spending money from the estate on luxuries like exotic trips and a new car

Initial Estate Value: The estate was initially rumoured to be worth nearly £2 million, though later reports suggested it was worth around £166,000, with substantial debt, according to an article by Somerset Live.

Sons' Claims: The sons felt they were left in a vulnerable position with no legal guarantee of receiving their inheritance, prompting them to consider legal action under the Inheritance Act 1975, notes this article from Picton's.Widower's Defense: Her husband denied these accusations, claiming the estate was still in probate and defended his spending, says an article from the Mirror.

This case highlighted the dangers of not having a clear, protective structure in a will, particularly in cases involving step-families.  Make sure that you have made provisions in regards to who exactly you want to benefit from your estate and how you want it to be divided. Perhaps consider multiple Beneficiaries rather than sole  and possibly sharing Life insurance, Pensions, Investments, Savings as well as Property. Food for thought ...

 

 

 

RED FLAGS REGARDING TESTAMENTARY CAPACITY

Without evidence of mental capacity such as notes from the meeting by the person preparing the Will, any of the following issues can make a Will invalid.

  • Warning signs for anyone arranging legal documents.
  • 1. DEMENTIA. 5-10% of over 75's have Dementia. Has there been a change in the last 12 months that has affected how they look after themselves?
  • 2. DEPRESSION. Grief reaction can cause a temporary lack of mental capacity if proven. And more long term, lacking the ability to look after one self for example poor presentation and no interest in anything.  
  • 3. DELIRIUM. Confused state often caused by serious illness or urinary infections.
  • When vulnerable a Testator can be open to undue influence. If this is proven in Court the Will may be struck out. 
  • Avoid online will platforms and use the services of  a  Local professional Will Writer who will meet you face to face and ensure your Will is legally valid.

 

 

WILLS OF THE RICH AND FAMOUS

YUL BRYNNER 

ONE OF MY FAVE ACTORS WHO I WAS LUCKY ENOUGH TO SEE LIVE ON STAGE AT THE PALLADIUM IN THE KING AND I

This is his Last Will and Testament. 


DATE AND PLACE OF BIRTH
July 11, 1915
Siberia, Russia

DATE AND PLACE OF DEATH
October 10, 1985
New York Hospital
New York, New York

Born on the island of Sakhalin off the coast of Siberia in the Soviet Union to a Rumanian mother and father who was a Mongolian mining engineer, Yul Brynner’s ex­otic background added to the regal aura about him. As the perennial King in the theater and film versions of “The King and I”, Brynner commanded that particular role the way no other actor ever had and has come to be identified with that particular part. It was well stated in a review by the New York Times, “Yul Brynner’s performance in ‘The King and I’… can no longer be regarded as a feat of act­ing or of endurance. After 30-odd years  Mr. Brynner is quite simply, The King. Man and role long since merged into a fixed image that is as much a part of our collective consciousness as the Statue of Liberty."

When he died, Brynner was survived by his wife, Kathy, and five children—Rock, Lark, Victoria, Mia and Melody. To his son Rock, he gave a $50,000 bequest and any stock he owned in “Hard Rock Cafe PLC, an English corporation, or Hard Rock Holdings (USA), Inc., a Delaware corporation, (or other entity owing or operating the Hard Rock Cafe in New York, New York).” 

To his daughter Lark Lippert, Brynner made a $25,000 bequest. Daughter Victoria Brynner received a $50,000 bequest and a $100,000 trust fund for her benefit. Daugh­ters Mia and Melody got to share any tangible property that was left if Brynner’s wife had not survived. They were also beneficiaries of a separate inter vivos trust Brynner had established in 1983. Talk about playing favorites with your children. Just so there would be no mistake on that subject, Brynner’s Will includes the following:

I have intentionally made no provision in this my Will, for any of my children not named in this Will.

Brynner left the bulk of his estate to his wife Kathy Lee, including his two residences in New York and in France:

Kathy Lee Brynner also received all of Yul’s “automo­biles, jewelry, books, artwork, silverware, paintings, household and personal effects and similar tangible per­sonal property… “

Brynner was known to be an accomplished photographer and a lover of the arts. His Will includes the follow­ing bequests of art works to two special friends:

(a) I give and bequeath to my friend Robert Lantz, if he shall survive me, the ink and watercolor view of boats at Trouville by Boudin, if I own same at my death.

(b) I give and bequeath to my friend, Michael Lynne, if he shall survive me, the abstract painting by Vasarely, if I own the same at my death.

From Siberia to Siam, Yul Brynner will always be re­membered as the King, especially around his own castle.

Yul Brynner

Will dated July 14, 1985

 

 

October News 

Testamentary Freedom

Ilott V Mitson

Ilott v Mitson is a much talked about case in the private client legal sector. The facts of the case are frustrating to those who believe in the legal principle of testamentary freedom. Testamentary freedom provides that a testator can bequeath their possessions or effects to who they would like in their Will. This principle has been at the centre of a legal argument since the death of Melita Jackson, a mother who wished to provide no legacy for her estranged daughter Heather Ilott.

This case has been deliberated on and has worked its way to the Supreme Court (the highest court in the land) after numerous successful appeals.

Case: Ilott (Respondent) v The Blue Cross and others (Appellants) [2017] UKSC 17

The Supreme Court’s judgement regarding the Ilott v Mitson case has been released today, with the Supreme Court unanimously allowing the charities (Blue Cross and others) appeal.

The Supreme Court held that the District Judge did not make any of the two errors of principle upon which the Court of Appeal relied to justify its re-evaluation of its reward to Mrs Ilott. The errors that the District Judge has said to have made were:

“i)  That the award should, in the light of the long estrangement and Mrs Ilott’s independent life and lack of expectation of benefit, be limited, but he had not identified what the award would have been without these factors and thus the reduction attributable to them; and

  1. ii) He had made his award of £50,000 without knowing what the effect of it would be upon the benefits which Mrs Ilott and her family presently received.”

As a result the award to Mrs Ilott of £163,000, made up of £143,000 to purchase her housing association property and a further £20,000 structured so as not to affect her benefit entitlement has been set aside. The Supreme Court have ruled that she will now only receive the £50,000 originally awarded by the District Judge.

Credit for this article to the Society of Will Writers

 

September News

A new survey conducted by Will Aid has revealed an “alarming gap” in public understanding about inheritance laws affecting cohabiting couples. 

The survey found that 68% of cohabitees were unaware of the rules of intestacy and what happens to their estate if they die without a will.

This lack of awareness could have devastating consequences for many families across the UK, as cohabiting couples—regardless of how long they have lived together or whether they have children—are not automatically entitled to inherit from one another if one partner dies without leaving a Will.

Key findings from the poll, include:

  • 32% mistakenly believe their estate would automatically pass to their partner
  • 17% admitted they were unsure what would happen
  • 11% said they had never even thought about the issue
  • 8% thought their estate would go to close friends

The Rules of Intestacy dictate how a person’s estate is distributed when they die without a will.

These rules prioritise spouses, civil partners, and blood relatives, often leaving cohabiting partners with no legal right to inherit anything. This could leave surviving partners facing significant financial hardship, particularly in cases where they are dependent on the deceased’s income or home. 

Many people assume that after living together for a period of time, they automatically become common law husband and wife, but this is not the case. The concept of ‘common law marriage’ ceased to exist a very long time ago.

If you are cohabiting as a couple, the law does not recognise you as common law spouses, even if you have children together and have lived together for many years.

“Therefore, if you do not have a Will, the Rules of Intestacy will apply, and your partner will be completely disregarded.”

Without a Will, surviving partners may not be automatically entitled to inherit, leaving them in a vulnerable position – and it’s particularly worrying that so many people aren’t aware of this, and don’t fully understand the Rules of Intestacy.

Credits for this news go to Today's Media November 2025

 
 

Choosing an Executor can be a tall order

Choosing an executor for your will is a crucial decision that requires careful consideration. An executor is responsible for managing your estate and ensuring that your wishes are carried out after your passing. To help you make an informed choice, this article will outline some essential considerations when selecting an executor for your will.

1. Trustworthiness

The most fundamental quality you should look for in an executor is trustworthiness. Your executor will have access to your financial information, assets, and confidential documents. It’s important to choose someone you can trust implicitly. This person should be honest, reliable, and have a strong sense of integrity.

2. Organisational Skills

An executor needs to be well organised. Managing an estate can be complex, involving tasks such as filing paperwork, paying bills, dealing with HMRC and financial institutions, and distributing assets. Your chosen executor should be capable of handling these administrative duties efficiently.

3. Legal and Financial Knowledge

While it’s not mandatory, it can be beneficial if your executor has a basic understanding of legal and financial matters. An executor with legal or financial expertise can navigate the complexities of the probate process more effectively.

4. Availability

Ensure that your chosen executor has the time to fulfill their duties. Administering an estate can be time consuming, and the process may take several months or even years depending on the complexity of the estate. If your executor is too busy with other commitments, it may lead to delays and complications.

Emotional availability is also important. There’s no rule that you must seek a person’s permission before naming them as an executor, but we recommend you confirm their willingness to take on this responsibility. Being an executor can be a significant commitment, and not everyone is prepared or eager to assume this role.

5. Conflict Resolution Skills

The executor may need to mediate disputes among beneficiaries. Having good conflict resolution skills can help prevent family conflicts and ensure that the distribution of your assets is carried out effectively.

6. Familiarity with Your Wishes

Your executor should be aware of your wishes and preferences. It’s helpful to have open and transparent communication with your chosen executor to make sure they understand your desires regarding asset distribution, funeral arrangements, and other important matters. Of course they will have your will to instruct them, but some aspects of administration can be made easier if your personal wishes are known, such as who should receive items of small value or whether your preference is for your property to be sold.

7. Think about Reserves

In your will, it’s advisable to name an alternate or backup executor in case your primary choice is unable or unwilling to serve. This ensures that your estate will be managed even if the initial executor is unavailable.

8. Professional Executors

In some cases, an estate or your wishes may be complex enough to consider appointing professional executors to handle your estate. Make sure you choose professionals who have the expertise and experience to manage the legal and financial aspects of an estate efficiently and who are suitably insured for the work. Remember that appointing a professional executor will come at a price though and ensure you have been properly advised of the likely cost to your estate of employing the services of a professional executor.

In conclusion, selecting the right executor for your will is a critical decision that requires careful thought. It’s essential to choose someone you trust implicitly, who is organised, and has the time and ability to fulfil their responsibilities. Open communication with your chosen executor and having a backup plan are also crucial to ensure that your wishes are carried out effectively and efficiently after your passing. By considering these factors you can make an informed choice that provides peace of mind for you and your loved ones.

 

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