Put emotion to one side!

Posted: 4th April 2017

Law CourtsOne of the reasons why you should employ a solicitor to represent you in litigation is the need to put emotion to one side.

This sadly did not happen where two farmer's sons squandered their entire £125,000 inheritance in pursuing a hopeless challenge to their father’s will.

After a number of special bequests, David Powell had left £125,000 of the remainder of his estate to his second wife, Ailsa Williamson Powell, and the same amount to be split equally between his sons, Richard and Jonathan, from a previous marriage.

David Powell, died aged 84 in 2012 after a 20 year battle with Parkinson’s disease for some years and the sons argued that he lacked the required capacity to make a valid will.

They claimed that an earlier document, by which he had divided his estate equally between them and their stepmother, was his last true will.

In dismissing the sons’ challenge, a judge found that their conduct of the litigation had been wholly unreasonable and that their stepmother should never have been put to the trouble of defending their claim. Their case had been driven by personal issues, in particular their refusal to accept that their father and stepmother were a devoted couple and the extent to which she had cared for him during his illness. In the circumstances, the sons were ordered to pay the legal costs of the case, estimated at £200,000.

Had they taken good legal advice it would have cost money of course, but only a tiny fraction of what they were ordered to pay after ploughing on without any help.

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