Will disputes have long captured public attention, especially when they involve celebrities or high-profile individuals. These cases often shed light on complex family dynamics, legal intricacies, and the sometimes surprising final wishes of the deceased.
Here's a look at some of the most notable contentious probate cases that have made headlines in England and Wales over the years.
George Michael: A Pop Icon's Posthumous Drama
The late pop superstar George Michael's estate became the centre of a legal battle following his unexpected death on Christmas Day 2016. The singer, known for hits like "Careless Whisper" and "Faith", left behind an estate valued at approximately £97 million.
Michael's will notably excluded his former long-term partners Kenny Goss and Fadi Fawaz. Instead, the bulk of his estate was left to his sisters Melanie and Yioda, with smaller portions going to his father and a few friends. This decision led to a lengthy and bitter legal challenge from both Fawaz and Goss.
Goss sued Michael’s benefitting family members and Christopher Organ, Michael’s representative and now co-executive of his estate, under the Inheritance (Provisions for Family and Dependents) Act 1975.
Goss argued that he had stopped work to support George during their 13-year relationship – and had been financially supported by the singer up until his death. He was, therefore, financially dependent on George and entitled to claim from the estate.
In 2021, four-and-a-half years after George’s death, Goss reached a settlement with the executors of the estate. A judge ruled that the exact terms were to be kept confidential.
Goss’ claim was particularly interesting as he had not been in a relationship with George since 2009, long before the Wham! superstar’s death.
In contrast, despite living in Michael's Regent's Park home at the time of the death, Fawaz ultimately failed in his attempt to claim a share of the estate, as the court upheld the terms of Michael's will.
The dispute highlighted how claims can be made on an estate even when someone has been deliberately excluded from a will, and also the complexities that can arise when long-term partners are not legally married or in a civil partnership.
Princess Diana: A Royal Controversy
Even royalty isn't immune to inheritance disputes. Following Princess Diana's tragic death in 1997, her ‘Letter of Wishes’ became a source of contention.
A Letter of Wishes is a document that can be drafted to accompany a will. It sets out the views of the deceased on how they would like their assets to be dealt with. Though not legally binding, it should create a strong moral obligation for executors to follow the guidance.
In this informal document, Diana expressed her desire for Prince William and Prince Harry to inherit all of her jewellery and three-quarters of her personal belongings. It also stated the remaining quarter of the sentimental items – including photos, paintings and china - should be split between her 17 godchildren and loyal butler Paul Burrell.
However, Diana's mother and sister, as executors of her estate, successfully contested the will, citing a variance that required legal clarification.
The dispute came to light years later when Burrell revealed the existence of the Letter of Wishes.
The end result was Prince William and Prince Harry had to wait until they were 30 rather than 25 to receive their inheritance – and the 17 godchildren and one butler received just one item of Diana’s personal belongings each.
This case underscored the importance of formal legal documents in estate planning and the potential complications that can arise from informal expressions of intent.
Peter Ustinov: A Multi-National Legal Saga
The multi-million pound estate of Sir Peter Ustinov, the Oscar-winning actor and writer – maybe best known as famous detective Hercule Poirot in six films - became embroiled in one of the longest-running probate disputes in British legal history. Ustinov died in 2004, leaving behind a complex web of assets spread across multiple countries.
Ustinov first created a will in 1968 and got remarried a few years later. His will was subject to Swiss law and the courts in that country ruled it was invalidated by his subsequent marriage. Consequently, his estate was to be treated as if he died without a will.
That would ordinarily mean the estate would pass to his wife - but his son Igor claimed various Trusts created under English law jurisdiction were still valid. Perhaps unsurprisingly, the Trusts left the majority of the estate to him.
Ustinov's estate was estimated to be worth tens of millions of pounds at the time of his death. Years of legal battles across Switzerland and the UK took their toll, however, such that the estate is now not worth fighting over. Igor claims he is close to bankruptcy.
This protracted legal battle serves as a cautionary tale about the importance of clear estate planning and regularly updating wills, especially for individuals with international assets and complex family structures. It also underscores the cost of protracted litigation and the need for early compromise.
Tony Benn: Political Legacy and Forward Planning
Prominent British politician and diarist Tony Benn hit the headlines when it emerged he had taken steps to reduce the tax bill on his £5 million estate before he died by transferring part-ownership of his home in West London to his four children.
This ensured the children inherited directly from their mother, rather than the more normal course of events where the first spouse to die leaves everything to the other, who in turn bequeaths everything to the children on his or her own death.
This is perfectly legal, but Benn faced some criticism as he was a staunch critic of tax avoidance measures and in 1983 oversaw a Labour manifesto that lamented “the huge inequalities in inherited wealth”.
His relatives also saved £210,000 in inheritance tax by donating his papers to the British Library.
Jimmy Savile: Posthumous Scandal and Compensation Claims
The case of Jimmy Savile, once a beloved British TV personality, took a dark turn after his death in 2011 when hundreds of allegations of sexual abuse came to light. This scandal had significant implications for his estate, valued at around £4 million.
Savile's will had left most of his estate to the Jimmy Savile Charitable Trust. However, following the abuse revelations, the executors of his estate faced the unprecedented challenge of managing compensation claims from victims. An estate can only be distributed after the claims of creditors have been satisfied – and in this case that included valid personal injury claims.
This led to a complex legal process involving the freezing of assets and the establishment of a scheme to assess and pay out claims.
While not a traditional will dispute, this case demonstrated how posthumous revelations can dramatically alter the distribution of an estate and the responsibilities of executors.
Amy Winehouse: Intestacy and Family Dynamics
The untimely death of singer Amy Winehouse in 2011 at the age of 27 led to an unexpected inheritance situation. Winehouse died without a valid will, meaning her estate, valued at around £3 million, was distributed according to the rules of intestacy.
As a result, her parents, Mitch and Janis Winehouse, inherited her entire estate. This outcome raised eyebrows because Winehouse had recently reconciled with her ex-husband, Blake Fielder-Civil, leading some to speculate that she might have wanted him to inherit part of her estate.
However, as they were legally divorced, with binding arrangements having been reached as to their finances, he was not entitled to a penny.
This case highlights the importance of creating and regularly updating a will, especially for young individuals with significant assets.
Conclusion
These high-profile will disputes offer valuable lessons for both the wealthy and the general public. They highlight the importance of clear, legally sound estate planning and the potential for family conflicts when expectations and reality don't align.
Moreover, these cases demonstrate the evolving nature of family structures and relationships in modern society, challenging traditional notions of inheritance and forcing the legal system to adapt.
As property values continue to rise and family dynamics become increasingly complex, it's likely that contentious probate cases will remain a fixture in the legal landscape. For individuals planning their estates, these famous disputes serve as a reminder of the importance of clear communication, thorough legal advice, and regular updates to wills and other estate planning documents.
