Wealden Times | WT183 | May 2017 | Restoration & New Build supplement inside

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ADVERTISEMENT FEATURE What’s the point in making a will? There have been a number of high profile inheritance cases recently involving children challenging their parents’ wills - leaving parents wondering if there is any point in making a will and children possibly believing it is now simple to overturn whatever inheritance a parent may, or may not, have left them. Here Myles McIntosh, head of private client at law firm Cripps, explains the issues. For the first time this particular issue reached the Supreme Court in March 2017; a case involving a daughter whose mother disinherited her after she ran away from home to live with a boyfriend she didn’t approve of. The daughter was cut out of her will, instead gifting her estate to several charities. After her death the daughter went to court and successfully claimed that her mother’s will was unreasonable and received £50,000. She was not happy with the amount awarded and appealed. The Court of Appeal significantly increased the sum to £143,000 which as a result, meant that the charities received less. The case attracted nationwide interest and seemed to be a ‘game changer’, the press implying that it marked a moment in time when making wills became redundant, when each of us lost the ability to decide to whom we wanted to leave our estates on our death. The charities appealed the decision and so the case went to the Supreme Court. It reversed the Court of Appeal decision so that while reducing the amount she was entitled to, it reaffirmed that she was entitled to something from the estate, notwithstanding the facts of her estrangement from her mother. So where does that leave those people making wills and those who are considering whether to challenge a will? There are still many reasons for making a will. A will tells everyone what you want to happen to your money and possessions. By making one you still have control. You can choose your own executors and appoint guardians to look after your children if they are under 18. If you remarry, a will can ensure any children from a previous marriage get a share of your estate. It can also significantly reduce inheritance tax that might otherwise be payable as it is an excellent tool for tax planning purposes. If you don’t make a will you cannot control how your estate is divided or who benefits from it. Without a will in place, unmarried partners may not receive anything from the estate and if you are married or in a civil partnership, your partner may not receive as much as you would have intended. For those who wish to challenge a will, it can be disputed on the grounds that it is invalid (for example it was not signed in the presence of two witnesses), or because the person disputing it has not been left any or sufficient provision under the terms of the will. This was the gist of the case above. However, please note that as always, cases turn on facts which are unique. A child who is left, say, far less than a sibling might not be able to overturn the will if his or her behaviour justified being largely disinherited. That can include lifestyle choices such as choosing not to work. Several other will challenges have failed this year for precisely those reasons. A will might also be invalid if the testator did not have the required mental capacity to make the will, or for example, was pressurised into making the will and gifting someone part of the estate. If a person thinks they should have been left a share (or all) of someone’s estate they can make a claim if they meet a narrow eligibility test. This includes someone who was a spouse or child of the testator, or they may have lived with them for at least two years prior to his or her death, or even that they were being provided for by the deceased immediately prior to death. Myles is a council member of the Association of Contentious Trust and Probate Specialists and if you would like more information he can be contacted on 01892 506136 or email myles.mcintosh@cripps.co.uk Cripps is a key regional law firm serving clients nationally and internationally from offices in Kent and London. Recognised countrywide for both its commercial and private client work, the firm focuses on the real estate sector, entrepreneurial businesses and wealthier families. Cripps is a member of Marcalliance, an international alliance of independent law firms www.cripps.co.uk @crippslaw This article gives examples and is intended for general guidance only
Editor’s Letter The atmosphere in the Wealden Times office is reaching fever pitch as our Midsummer Fair edges even closer. Our events team has hand-picked the very best exhibitors to ensure a fabulous shopping experience in the heart of the Kentish countryside at beautiful Hole Park in Rolvenden. Within this issue you’ll find a comprehensive show guide, so you can pre-plan your shopping route and get a preview of exactly what’s on offer, including the schedule for our brand new Garden Hub. You can also look online at wealdentimes. co.uk where you book your tickets, and enter our special competition for dinner, bed and breakfast at Frasers in Egerton, along with a pair of Saturday tickets to the Midsummer Fair. We’ve been over to photograph paper designer Trudi Savin’s wonderfully creative Victorian villa, and explored Ali Kittermaster’s unusual bungalow renovation tucked down a country lane. See how they’ve both stamped their personalities onto their interiors on pages 56 and 102. Fashion editor Helen has styled this month’s men’s fashion at the Historic Dockyard, Chatham. See model Thomas showcasing tailored fashion from across the Weald from page 128. If you’re keen to get out and about on your bike this month, Julie Simpson has devised a hamper of recipes that are perfect for eating on the go. And for all you self-builders out there, our Restoration & New Build Supplement is a must-read. Enjoy your Wealden Times! Wealden Times Team Editor ............................................................................................ Lucy Fleming Editorial Assistant ........................................................................Rebecca Cuffe Design .........................................................................................Powerful Pierre Design Team ..............................................................................Anthony Boxall Rob Cursons Phoebe Gilbert Tanya Goldsmith Managing Director ........................................................................ Julie Simpson Commercial Director ............................................................... Colin Wilkinson Sales Team ................................................................................ Hayley Biddulph Sarah Norwood Nick Robinson Distribution .................................................................................Emma Murphy Wealden Times Events Team Sales Director ..................................................................................... Joy Adams Show Director ................................................................................. Flo Simpson 53 wealdentimes.co.uk RespireLivingWT183.indd 1 21/04/2017 09:50
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PRICELESS FEBRUARY MAY 2017 Wealden
Page 3 and 4: Please call for a brochure or visit
Page 5 and 6: JOHN SANKEY AT 15% OFF ALL ORDERS P
Page 7 and 8: OAK FRAMED BUILDINGS | | QUALITY DE
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Page 49: WWW.HANDMADERUGS.CO.UK 104, HIGH ST
Page 53: ARCHITECTURE • INTERIOR DESIGN
Page 57 and 58: where to find your copy… Call 015
Page 59 and 60: Fuelled by a shared passion for blo
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Page 63 and 64: WWII WEEKEND Sat 27 - Mon 29 May 10
Page 65 and 66: This page: A door from the dining r
Page 67 and 68: KITCHENS FOR REAL COOKS It’s time
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Page 71 and 72: LESS CLEANING MORE ME TIME Harvey W
Page 73 and 74: Above: Daughter Daisy’s room feat
Page 75 and 76: Above: Manga drawings lie on the su
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Page 79 and 80: Trudi clearly has a natural ability
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Page 101: Alsop Cheese Posters 500x750mm_Layo
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Above: The kitchen table was made f
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Above: Ali finds decorating inspira
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Above: Katie’s room is remarkably
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Hello Tailor! Photographs: David Me
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Had enough with being overweight? S
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Visit our stand for your FREE healt
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Food on the go! Julie Simpson creat
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WINNER Food and Drink Innovation AW
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Food Beetroot Gazpacho Serves 6 Coo
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FrasersWT179.indd 1 14/12/2016 12:4
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ROZ-279-24823.pdf 1 23/01/2017 16:5
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Garden grown in pots and containers
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celebrating quality summerhouses ga
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The Next Step Susan Elkin analyses
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Competition Win One night’s bed a
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to talk about wills; it makes you o
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Wealden Times | WT183 | May 2017 | Restoration & New Build supplement inside

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