TV actor challenges his late wife’s will

Actor Nigel Havers, perhaps best known for his role in the TV series The Charmer, has successfully challenged his late wife’s will and won a large settlement after a legal battle with his two stepsons.

Mr Havers took legal action claiming that he had not been left “reasonable financial provision” and wasn’t getting a fair share of his wife’s £2.3m estate.

The case was due to go to court but a compromise agreement was reached shortly before proceedings were to begin. He will receive £375,000 with £235,000 going to his two stepsons. The actor will be able to use the estate to buy property for his personal use, but on his death it will be inherited by the two stepsons.

The Havers case reflects a growing trend in which second marriages lead to disputes over wills. Both he and his late wife had been married before.

Conflicts due to relationships started later in life have now become one of the main reasons for families taking legal action if they feel they’ve missed out on their rightful inheritance following the death of a relative.

The example of the Havers situation is quite common with one spouse leaving most of their estate to their children from a previous relationship. The surviving spouse feels they haven’t been fairly treated and challenge the will.
The problem also occurs the other way round when a person leaves most of their wealth to their spouse and very little to the children of their first marriage. Those children may well be adults in their thirties and forties who feel they’ve missed out on their rightful inheritance.

We also have cases in which a will ignores someone like a son or daughter who expects to inherit but gives no explanation as to why that person has missed out.

Many of these problems could be avoided if people made their intentions clear when drafting their will.
If you want to exclude someone who might otherwise expect to inherit then it’s best to explain why you want to do that. A statement of wishes placed with the will may help avoid any potential disputes. It is best to get good legal advice from a qualified solicitor when drawing up a will to ensure it properly reflects your wishes and is legally sound. That should prevent most problems arising.

However, if problems do occur then anyone wanting to challenge a will must do so within six months of probate being granted.

We are happy to provide expert advice on all matters to do with wills and probate to make your will please contact Peter Sutherland.