Mistakes in wills

Withers represented one of the heirs to a publishing fortune in a case arising out of a dispute with his children over the administration of various family trusts. Withers successfully resolved the dispute through alternative dispute resolution in California avoiding a costly court battle and prolonged family discord.

We worked with Jersey advocates and advised Macmillan Cancer Support on an application before the Royal Court of Jersey about the correct interpretation of a will. Under the will, two shares of residue were left to Macmillan, but under different former names. The executor considered Macmillan only took one share. The Royal Court, applying English law, held that Macmillan was entitled to two shares.

Our lawyers brought the highest value Inheritance Act claim to date in Wooldridge v Wooldridge (2016). We were acting for a widow who sought to increase provision under her husband’s will after his death in a helicopter accident. The will had been “homemade”, written without legal advice, and our client felt that her husband had intended to leave her a greater share of his assets.

An eminent physicist, Michael Crowley-Milling who made English and Swiss wills bequeathed our client the Royal Society “all my assets in the United Kingdom”. The technical definition of United Kingdom excluded almost £1 million in bank accounts in the Channel Islands and the Isle of Man. We successfully argued that the scientific genius had made a geographical error and had also intended to give these assets to the charity.