Many of you may have recently watched the BBC drama “I, Jack Wright” which in some quarters is being described as a “UK Succession”. The series follows self-made millionaire, Jack Wright, whose apparent suicide is later revealed to be murder. The subsequent police investigation unearths Jak’s family's secrets (stealing, lying, infidelity, infertility, hidden rivalries and resentments) making almost everyone a potential suspect.
What is I, Jack Wright about?
A central theme of the drama is that shortly before he died, Jack executed a new Will in which he disinherited his current wife and his three sons. Various claims were then brought against the estate and with my contentious probate hat on, I couldn’t help but compare the drama to the real life cases in which I have been involved.
What the show gets right
In my experience one of the most common catalysts for litigation is when a parent executes a Will which distributes assets unequally amongst children. This can be the spark that gives rise to years of resentment and rivalry and this, sadly is very realistic.
In practice disputes often arise from the following circumstances: -
- Where one child received more than others;
- A later spouse is favoured over children from a previous marriage;
- Family members believe that promises were made by the testator in life which are not reflected in the last Will; or
- A family member receives significantly less from a Will than anticipated.
Blended families, where the Deceased had second or subsequent marriages and children from different relationships as in the drama, are particularly vulnerable to disputes. What the show did very well was demonstrate that this type of dispute can ultimately causing huge and irreparable rifts in families.
What the show gets wrong
The drama covered aspects of challenging a will and bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 which are both common disputes nowadays, however the details were seriously exaggerated for dramatic effect.
The classic reading of the Will is largely a fictional event and rarely happens in reality where executors and beneficiaries alike are normally informed by solicitors.
The wronged spouse challenging the validity of the Will in order to try and benefit from a previous Will under which she was to receive £40 million, saw her obtaining an exhumation Order for the purpose of undertaking a second autopsy on the body to check whether the Deceased had dementia prior to death, only for the expert to determine that the dementia was not sufficiently advanced at the relevant time to establish a lack of capacity. This is far more sensational than using the current test of capacity (Banks V Goodfellow) and obtaining a retrospective capacity assessment based on the Deceased’s medical records. In addition, and whilst I am not a scientist, I believe that a conventional autopsy often cannot reliably determine a person's cognitive functioning at a particular date in the past, but it certainly made for gripping viewing.
Furthermore, both sons successfully brought claims under the Inheritance (Provision for Family and Dependants) Act 1975, despite having very different financial circumstances. One was clearly struggling with addiction and debt, while the other appeared to be a wealthy landowner with a substantial property portfolio and luxury assets. Although it was later revealed that his wealth was largely an illusion, both sons ultimately received awards of £5 million from the estate.
In conclusion
The increase in contentious probate claims can certainly be attributed at least in part to these types of tv dramas, newspaper stories and high-profile celebrity disputes, educating the general public and normalising the idea of challenging Wills.
The risk is that they create unrealistic expectations which can generally be much less satisfying.
The moral of the story is if you are unhappy at having been excluded from a Will or have suspicions that a Will may not be valid, these types of programmes are an excellent reminder that there may be something that you can do about it. However, do not be tempted to rely on what is essentially just drama and ensure that you seek professional, independent legal advice as swiftly as possible.