Shortly before my mother’s death, my brother, with whom I have a poor relationship, persuaded her to vary her will, meaning I’ve ended up with one-quarter of the estate instead of half. I need the full half for my retirement, but don’t have funds for a legal fight if my brother drags it out. What are my options?
Candy Stockton, partner in the private wealth team at JMW Solicitors in London, says first consider whether your mother’s final will is actually valid. Even if it is, there may be circumstances where you could make a claim against her estate for reasonable financial provision. If it seems you have grounds for a claim, you need to proceed carefully, given your limited funds.
The will must comply with section 9 of the Wills Act 1837, in particular as to how it was witnessed — especially if the will was homemade, perhaps using an online template.
Next, did your mother have the requisite mental capacity to make a new will? There is a specific test which sets out the relevant criteria and her medical history may be relevant to determining this.
Assuming she had capacity, it is important that she knew and approved the contents of the will she was signing. Investigations as to how the contents of the will were explained to her and by whom, and whether she had any visual, hearing or literacy impairments are relevant.
You should also consider whether your mother was subject to undue influence by your brother. This is not easy to prove and the standard of proof is high — the extent of the influence must amount to coercion which overwhelmed her free will. Also potentially relevant is whether your brother poisoned her mind against you with untrue statements. Evidence of this might be found in letters to friends or texts.
If the will is valid, you may still be able to claim for financial provision to meet your proven needs. The law permits certain people to make such a claim, including her children, anyone being maintained by her, or anyone to whom she owed a moral obligation. Whether your mother gave you any assurances, on which you relied to your detriment is also potentially relevant.
When deciding how to proceed, remember that going to court is expensive, time consuming, stressful, and risky — it should be used as a last resort. There are alternative ways to resolve these increasingly common disputes, such as mediation. Speak to a legal professional who specialises in this area, who will investigate your position with a view to trying to help you reach a settlement with your brother. Some firms may be able to offer funding arrangements, or there are organisations which specialise in funding litigation, if appropriate.
How can I be sure my ex isn’t hiding assets?
My husband and I are going through a divorce and we have substantial assets, including multiple businesses and international investments. I suspect he may be hiding assets or undervaluing certain holdings. How can I ensure the financial settlement accurately reflects our situation, and what steps should I take to uncover any hidden assets?
Ciara McHale, director in the disputes and investigations team at Alvarez & Marsal in London, says divorce is an emotionally charged process and suspecting your spouse of hiding assets adds another layer of complexity. In this context, it is important to know all your options.
UK divorces are underpinned by the “full and frank disclosure” concept, requiring parties to provide a complete and honest breakdown of their finances (income sources, assets and debts). The aim is a fair financial settlement for both parties. Failure to disclose information sufficiently is not only unethical but can have serious legal repercussions.
If you suspect your spouse of hiding assets, tell your solicitor immediately. Do not investigate the situation yourself, as this is illegal and you could face civil and criminal penalties. Instead, you could consider using forensic accountants who are specialists in scrutinising finances to uncover discrepancies and identify suspicious transactions or evidence of manipulation or incomplete disclosure. What is often revealing is not what is disclosed, but what isn’t.
Hiding assets can take many forms. Some common red flags include undervaluing assets or the sale, transfer or gift of assets to a trusted third party; concealing assets, such as bank accounts, property, or intellectual property; inflating expenses using fictitious invoices or loans; and delaying the collection of significant earnings (for example with bonuses).
Cryptocurrencies also pose a new challenge in divorce cases, as people can store funds outside traditional banking systems. But you can take several steps to uncover these schemes. Request detailed financial disclosure, including bank statements, tax returns, investment records and property deeds. Historic information across multiple previous years is often crucial.
Our next question
My husband and I own two properties and would like to know which of them would be treated by HM Revenue & Customs as our main residence for tax purposes. We bought our flat first, lived in it for six years, and then let it out after we bought a house. Within two years of living at there, we moved overseas, but neither of us exercised the option to nominate one of the two properties as our principal residence. Since moving abroad we have been UK tax resident for some years and UK tax non-resident for others, on basis of Statutory Residency ties test, and file our tax returns accordingly. Which property would or should be treated by the authorities as our principal residence? Can we choose which one?
Next, analyse trends in financial information to reveal sudden or unusual patterns that may suggest assets or liabilities are being manipulated. Scrutinise bank deposits, withdrawals and transfers to trace the flow of funds, verify legitimacy of transactions and identify unexplained changes in spending habits and income. Forensic professionals use specialised tools to detect patterns and analyse vast data efficiently.
It is also useful to review contracts, agreements and credit reports to reveal undisclosed relationships or hidden loans. Additionally, reviewing public records of Land Registry for real estate and Companies House for business filings helps confirm ownership and determine any omissions from disclosure.
You can also explore legal tools with your solicitor, such as third-party disclosure, search and seizure and freezing orders. However, this requires compelling documentary evidence, as suspicion is not sufficient.
The opinions in this column are intended for general information purposes only and should not be used as a substitute for professional advice. The Financial Times Ltd and the authors are not responsible for any direct or indirect result arising from any reliance placed on replies, including any loss, and exclude liability to the full extent.
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