As has been widely reported in the press, there is an ongoing legal dispute involving the fortune of motor racing legend, Sir Stirling Moss, who died in 2020. Most of his £27m fortune passed to his widow, Lady Susie Moss, who sadly died in 2023.
The dispute is in relation to whether Lady Moss’ latest Will, executed in January 2022, is valid. Her daughter, Allison Bradley (“Allison”), claims it is. Sir Stirling’s son, Stirling Elliot Moss (“Elliot”), disagrees and claims that Lady Moss was unduly influenced into making the 2022 Will, and that she lacked capacity due to alcohol dependency and depression. Elliot seeks to rely on an earlier Will from 2002.
What the Wills Say
The 2022 Will created a discretionary trust, which allows Allison to decide who, out of a pool of beneficiaries, can benefit from the estate, and to what extent. The 2022 Will is accompanied by a Letter of Wishes that asks that Allison and her children be the primary beneficiaries, and depending on Lady Moss’ relationship with her son, Elliot, at the time of her death, Allison can decide if, and to what extent, he can also benefit.
Elliot seeks to rely on the 2002 Will, which appears to also include a discretionary trust, with the accompanying Letter of Wishes seeking the funds be divided: 75% to him, and 25% to Allison. If the Court considers the 2022 invalid, then under the earlier 2002 Will, Elliot will likely inherit substantially more.
Capacity, Alcohol, and Depression
The test for testamentary capacity (a person’s capacity to make a Will) sets out 4 elements, with the final element being whether the person had disorders or delusions of the mind that influenced the person’s decisions when making a Will.
Testamentary capacity is assessed at the time instructions were given to make a Will, and the time of its execution. Diagnoses of alcoholism and depression alone are not sufficient to establish a lack of testamentary capacity, if at the time of making the Will, they understood:
- that they were making a Will and what it does;
- the extent of the property that they can leave in their Will; and
- appreciate the claims of those who might expect to benefit from their estate (whether or not they actually benefit under the Will).
If the above can be satisfied, and if it is found that despite being alcohol dependent and/or suffering depression, it did not materially affect the person's decisions in making their Will, they are likely to have had capacity to make the Will.
Undue Influence
Undue influence is notoriously difficult to establish. In simple terms, it is the coercion of a person to execute a Will, which goes against their actual wishes. It has to be more than persuasion, they must have been subject to pressure that was so substantial that they couldn’t make their own decisions and simply followed instructions. As the influence is usually secret, taking place behind closed doors, evidence is often circumstantial and can only be drawn out by other proven facts. Although there are cases where video or audio evidence is available evidencing a person being unduly influenced, these cases are rare.
The case between Allison and Elliot will be an interesting read if it proceeds to trial, and it will be noteworthy to hear the Judge’s position on the effect of any alcohol dependency and depression on Lady Moss’ decision to make the 2022 Will.
If you consider that a Will may be invalid either due to lack of testamentary capacity or undue influence, or someone has made a challenge against a Will from which you are to benefit or your are executor, please contact one of our team members, who will be happy to assist you.