Where there's a will… Family feuds lead to 700% increase in High Court disputes in five years

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AppId is over the quota

Figures obtained by The Independent show a 700 per cent increase over the last five years in the number of actions launched at London’s High Court to challenge the provisions made in wills.In addition, the number of cases  aimed at having whole wills declared invalid has nearly doubled.

If actions concerning trusts – often used to hold assets to be passed on to the next generation – are included, the total number of disputes involving the assets of living or dead family members being considered by the High Court rises to 300. This is compared to 95 in 2006.

The rise is partly attributed to the recession, which has seen the value of assets including property fall sharply. This has triggered arguments between relatives and dependants who find themselves with much smaller sums than anticipated.

But lawyers say it is also being fuelled by the rise in remarriages, step-families and cohabitation. Increasingly complex family arrangements, combined with the fact that relatives are now more likely to live further apart, has increased the likelihood that of will disputes inflamed by long held and un-aired resentments

The perils of imprecise wills and family disputes were highlighted last week when the son of the thrice-married actor Peter Ustinov declared himself nearly bankrupt following a nine-year legal battle over his father’s estate.

A High Court judge threw out an  attempt by Igor Ustinov to bring his battle to secure his father’s assets brought to the British courts, leaving him with a £114,000 legal bill. Following a previous ruling which overturned a 1968 written in pencil, Sir Peter was declared to have died intestate.

Fay Copeland, a partner with City law firm Wedlake Bell, said: “There is an undoubted growth in the number of these cases. People whose financial situation might not be secure because of the current climate might find themselves getting a smaller amount from a will than they had anticipated and that can often be the starting point for litigation.

“Similarly, families are more diverse and geographically spread out. Families are not as close as they used to be and when, for example, you have step-families you can see cases where people feel usurped or pushed out and that can form the basis for a dispute.

“The advice is to write a proper will but also for people to try and explain their decisions before their death. Around three quarters of cases are settled by mediation, which allows emotional as well as financial grievances to be aired.”

Ministry of Justice (MoJ) figures show that the number of disputes  over individual clauses in wills rose from 10 in 2006 to 82 in 2011, the  latest year for which figures are available.

Cases seeking entire wills to be declared null and void, for example where the deceased lacked the capacity  to make informed decisions, rose from 73 to 135.

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Sperm donors may seek contact with their children, court rules

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AppId is over the quota

The landmark case involved a male same-sex couple who donated sperm to two lesbian couples. One of the men was the father of two children of one couple, while his partner was father to one child being raised by the second lesbian couple. The men both applied for contact with their children at a family court. The women contested the application but eventually lost. The ruling means that sperm donors can apply for contact with their biological children. Kevin Skinner, a solicitor who represented one of the lesbian couples, told The Guardian: "The Human Fertilisation and Embryology Act 2008 for the first time ensured that same sex parents were recognised in the same way as heterosexual families.

"Although the judge's decision makes clear that the family unit should be protected, the possibility of sperm donors being able to apply for orders will be a scary prospect for many parents, both gay and straight.

"What is crucial is that anyone planning on having a child through the use of fertility treatment should make sure that proper plans are in place before the process begins."

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Controversial plans to force millions of low income families to pay more council tax will be tested in court

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AppId is over the quota

Several local authorities are facing judicial reviews after deciding to reduce the means-tested council tax benefit following the Government’s decision to cut the subsidy by 10 per cent. Town halls can make up the difference by switching money from other areas but three out of four authorities will force benefit claimants and the low paid to pay more, as The Independent reported today.

Next Tuesday, Haringey Council will be asked in the High Court to defend its decision to require every adult in the north London borough other than pensioners and the disabled to pay almost 20 per cent of their council tax, even if they have no income or savings.

Alex Rook, a specialist lawyer at Irwin Mitchell who is representing local residents, said: “Our client is a single mother and she is simply not going to be able to make these payments. The council’s own papers recognise that there will be very high levels of non-payments.”

Haringey Council said it had consulted widely with residents, including the 36,000 households directly affected. “Those households that include claimants in receipt of certain benefits recognising significant disability have been shielded from the change,” it said.

Similar legal actions are being considered in Birmingham, Sheffield, Rochdale and the London boroughs of Camden and Hackney. 

Hilary Benn, the shadow Communities Secretary said: “All over the country, people on very low incomes will be asked to pay sums of money they simply cannot afford, just like the hated poll tax.”

But Brandon Lewis, the Local Government Minister, denied the cut could be as politically toxic for the Conservatives as the poll tax. He said: “We’ve put £100m in to give those councils  freedom for the first year to protect the most vulnerable while they crack down on fraud and error and the failed collection of council taxes and help get  economic growth.”

Sir Merrick Cockell, chairman of  the Local Government Association, said: “Councils are working hard to protect the most vulnerable and needy members of society but this means that other benefit recipients will have to carry a larger share of the cut

Case study: For some families, life is already a struggle

Full time mother-of-five Sarah Sullivan, 37, from Bromley, south east London, is worried about what the changes will mean for her family. 

As a working-age recipient of council tax benefit she currently pays nothing, but fears that will change when her local authority announces its new policy.

“We’re struggling as it is,” said Sarah. “I get £165.27 a week in child tax credits and my partner gets £140-odd a week in Employment Support Allowance.”

Sarah’s partner, who worked as a taxi driver for 10 years, is out of work following a nervous breakdown. The couple would like to feed their children – three of whom still live at home – fresh fruit and vegetables, but the cost is too high.

“Many a time I’ve had to go to the food bank and get help from them,” said Sarah.

The family also struggle to find enough money to pay for gas and electricity.

“I can’t afford to do quarterly bills so I’m on a key card. I don’t put the heating on unless it absolutely has to go on.”

The family, who sought help from the Citizens Advice Bureau,  have largely been kept in the dark over the change. “Everyone’s the same. We’re struggling now and we’re thinking oh god what’s going to happen,” Sarah said.

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