Local Solicitors Ridley and Hall have completed the final steps in a settlement of a family fight over a Will. Two sisters have successfully fought off a claim by their step-mother for a share in their father’s house. Solicitor Sarah Young said “There is a very clear message from this battle – make a Will”. It may not stop a fight over property but without one a caring relative’s wishes may be ignored.

When their father David Lockwood died on 25th August 2007, his daughters Julie Hart (42) and Karen Lockwood (40) were devastated. He had brought them up on his own from when they were 8 and 6 and they were very close. But when they found out that his second wife was challenging his Will – and would drag them through a Court battle – their grief would turn to anger and frustration.

In the early 1990s, when his daughters had grown up, David met and married Megan Baker. Three years after the wedding, in 1997, he decided to make a Will. He was not a wealthy man, having worked as a warper at Moxon’s Mill, Highburton for many years. But he was able to buy the family home from the council in 1988 for just under £8000 and had some savings. The house was always in his sole name. Although he did not discuss the contents of his Will with his daughters, he always said to them “my girls will be looked after”. Unfortunately, what he did not know was that his second wife could – and would – challenge the provisions of that Will.

The Will provided that Megan, who is now 67, would have a life interest in the family home together with all of her late husband’s assets and cash, which came to over £30,000. A life interest allows someone to live in a property but crucially, they do not have the rights of an owner. His daughters would have nothing initially, but would inherit the house on their stepmother’s death.

Julie and Karen accepted that these were their father’s wishes and so were astonished to receive letters from a solicitor instructed by Megan, claiming ownership of half of the house. Proceedings were issued at the Huddersfield County Court and vigorously defended by Julie and Karen’s solicitor, Sarah Young of Ridley and Hall solicitors. The case was due to go to trial on Friday 17th April but at the last minute, Megan agreed to withdraw her claim.

Sarah Young commented “Megan Lockwood brought her claim under the Inheritance Act 1975. This Act gives certain close family members the right to challenge a Will – and also to claim if someone dies without making a Will. Although this has been a very distressing case for my clients, it’s always better to make a Will – if David Lockwood had not done so, everything would have gone automatically to his second wife. His daughters would have got nothing at all, because they were grown up and not financially dependent on him. ”

Julie Hart is still upset “my Dad made his Will after his marriage and knew exactly what he was doing. I still don’t understand why Megan wanted more – and was prepared to take my sister and me to Court to get it. I had no idea that she could bring a claim and I couldn’t have afforded to defend the case without legal aid. I might have had to give in without my solicitor’s support.”

The lesson from this case that Julie and Karen want to share with as many people as possible is simple; “make a Will, but get good legal advice about it because it might be challenged”. Their solicitor Sarah Young adds “and if you can talk about your Will to your family and the reasons for making it, do; it might be good evidence if a claim is brought. No-one likes to think about their death but the last legacy you want to leave your loved ones is a courtroom battle”.

This matter was reported in the Yorkshire Post on 20/08/09, see link below:

www.yorkshirepost.co.uk/news/Family-at-war-over-will.5571785.jp

For further information please contact Sarah Young of Ridley and Hall, Queens House, 35 Market Street, Huddersfield HD1 2HL on 01484 538421