If you promise someone an inheritance, put it in your Will straightaway, or they may have to go to court to get it…

If you promise someone an inheritance, put it in your Will straightaway, or they may have to go to court to get it…

If you promise to leave a relative or friend an inheritance when you die, make sure you change your Will quickly because, if you don’t, they might have to go to court to get it – leaving less money in your estate, causing them lots of stress, and with no guarantee they’ll win.

The hotel owner appreciated what an upheaval this would be for her cousin, who lived in Scotland, had a business of her own there, and also had health issues of her own, so the hotel owner insisted her cousin’s husband was consulted and was happy with the proposal, which he was.

 

In the event the cousin spent nine months per year at the hotel over the next two years, looked after the hotel owner and did whatever was required at the hotel. Her husband visited at weekends and also did jobs at the hotel.

The hotel owner eventually died of her illness. At that time she was worth well over €1m. However, the cousin then discovered that, although the hotel owner had given her solicitor instructions for a new Will leaving everything to her, the hotel owner hadn’t managed to sign it before she died – and, under the old Will, the cousin only got half the estate, with other half going to the cousin’s sister.

The cousin claimed she should receive the entire estate despite the terms of the Will. To succeed, she had to show:

• A promise had been made to her by the hotel owner.
• She had relied on it to her detriment.
• It would be ‘unconscionable’ for her not to get what she was asking for, given the degree of detriment to her.

The cousin’s sister claimed that there had been no detriment. She argued that the cousin had received benefits such as free board and lodging which had been reward enough for her help and support – with maybe a payment of around €50k.

Luckily for the cousin, the court disagreed. It said ‘detriment’ had to be judged in the round. It said that the support provided had been a substantial detriment to the cousin because:

• She and her husband had substantially altered their entire lifestyle, having to live apart from each other most of the time.
• She also had multiple sclerosis, dyslexia and eye problems, and had postponed having a hip replacement because she was looking after the hotel owner.
• Although the cousin and her husband had in fact provided support for only two years, for all they knew they might have had to carry on for many more years, and had been willing to do so.

They had therefore both suffered physical and emotional strain, and the benefit of free board and lodging was not ‘any kind of meaningful compensation or countervailing benefit for the open-ended commitment they gave at the outset and to which they both adhered’.

It would, therefore, be ‘unconscionable’ not to grant them the whole estate.

While the Will-maker’s wishes were eventually carried out in this case, it cost the cousin a lot of money and a lot of stress and upset. Will-makers wishing to change their Wills should do so quickly, and not make promises to potential new beneficiaries in the meantime.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.