Family members jostling for the motor racing champion’s money.

Former Formula 1 racing driver legend Sir Stirling Moss sadly died in 2020: the chequered flag coming down on his extraordinary life.

Red flags are now waving on the passing of his wealth to others.

Dispute and Family background

A sad dispute has erupted between Sir Stirling’s son, Elliott, and his daughter, Allison.  It is a dispute not about Sir Stirling’s estate; his estate passed to his wife, Lady Susie Moss.  When she died in 2023, she left an estate of approximately £27.8m, the majority of which she had inherited from Sir Stirling.

Her Will of 2022 leaves the entire estate in a type of Trust that will give the Trustees discretion as to what to do with the monies.  One of the Trustees is Allison Bradley, Sir Stirling’s daughter to his second Wife.  The other is a family friend, Richard Frankel.  Lady Susie made a draft letter of wishes, which stated that she wanted Allison and her children to benefit from the money.  The Letter of Wishes also stated that the Trustees could consider giving some money to Elliott, depending on what Lady Susie’s relationship with Elliott was like at her death.

Contested Probate

Allison holds the power, and Elliott could be excluded from the estate altogether.  He has commenced Contested Probate Proceedings, claiming the Will is not valid.  He claims that the estate should be administered in accordance with the previous Will Lady Susie made.  In 2002, Will left 75% of the estate to Elliott.

The current expectation is that there will be a Trial in the High Court.

Complex Bereavement Disorder and Alcoholism

Elliott states that Lady Susie was suffering from a complex bereavement disorder and alcoholism at the time she made the Will.  She would, he says, regularly be seen carrying Sir Stirling’s Ashes in an Urn, and that included when she made the 2022 Will.

A few legal causes of action have been pleaded by Elliott’s lawyers.  These include a claim that Lady Susie did not have the mental capacity to make a Will when she did and/or that she was coerced into doing it.

Fraudulent Calumny

Another of the grounds currently relied on by Elliott is Fraudulent Calumny. Elliott claims Lady Susie had her mind turned against him.  A finding of “fraudulent calumny” is a way of saying that the person making the Will had their mind poisoned by others.  It is a high bar.

Outcome – Another Claim down the track?

Litigation is uncertain.  Much is likely to turn on what the Will writing Solicitor’s file says.  If the lawyers for both sides privately advise their clients that the outcome is heavily in balance, they would be well advised to mediate.

One thing to bear in mind for Allison is that even if she receives advice that the Will is watertight, she must be mindful that Elliott still could bring a claim on the basis that the Will should make reasonable financial provision for him.  He would not need to show that the Will is invalid for that.

Probate claims: Ridley and Hall Litigation Team

Many estates are caught up in disputes over the validity of Wills.  Whatever society’s views on this, the trend over time has been for more Wills and Estates to be contested.  Here at Ridley and Hall solicitors, we have a team of specialist lawyers happy and able to advise and assist you on contested probate claims.  Our expertise will ensure you achieve the best outcome possible.  We are also acutely aware of the impact these sorts of disputes can have on the grieving process, and we recognise that this can be a traumatic time for everyone involved.

Please contact us on 0800 860 62 65 and one of our team will be happy to speak with you.

Gareth Jones, Litigation