Avery Associates

House Clearance & Probate Valuation Services


  • HOME
  • HOUSE CLEARANCE
    • Probate House Clearance
    • House Clearance
    • FAQ
    • Hoarder House Clearance
    • Garden Clearance
    • Charity Donations
    • Recycling
    • House Clearance Gallery
    • Our Locations
  • PROBATE VALUATIONS
    • PROBATE HELP
      • Probate Valuation Guide Fees & Advice
      • Probate House Clearance
      • Executor Assistance
      • Solicitor Assistance
      • Our Locations
    • Probate Valuation Explained
    • RICS Property Valuation
    • Classic Cars
    • Jewellery
    • Coins
    • Books
    • Stamps
    • Vintage Toys
    • Records
  • REVIEWS
  • NEWS
  • ABOUT
  • CONTACT
    • BOOK A PROBATE VALUATION NOW

Autonomy over Financial Affairs is a Widow’s Reasonable Right

September 25, 2019 By Richard Farrell

The UK Court of Appeals upheld a widow’s right to autonomy over her financial affairs. Their July 2019 judgment follows a year of wrangling between the widow and her late husband’s trust. An inactive charitable charity added another twist to the tale.

The Essence of the Appeal Court Judgement

# Autonomy over financial affairs is a reasonable expectation for a widowed spouse

# It is a ‘foolish assumption’ that a widow may be left ‘at the mercy of a trust’

# Parties should enter into negotiation in order to facilitate resolution of disputes

# Procedural limitations have no bearing on the court’s right to exercise its discretion

Finding Love in a Caribbean Airport Lounge

The deceased husband, Michael Cowan introduced the black bin liner to the UK according to Mondaq.Com. When he died in 2016 he left an estate worth £30 million. He met a Californian lady named Mary in a Caribbean airport lounge in 1991 and they became friends.

After two years of correspondence Michael Cowan divorced his wife, whereafter the lovers bought a home together in Montecito, California.  They cohabited happily for fifteen years until Michael developed a brain tumour.

The pair married before he died two months later in February 2016. Then lawyers entered centre stage because Michael Cowan left a complicated will.

How a Trust Denied the Widow Her Reasonable Expectation

Michael Cowan’s estate was at just under £30 million for probate. He left it in trusts that defaulted to a charitable foundation that never got off the ground. He also left a letter of wishes that the trust regard his second wife Mary as principal beneficiary.

A letter of wishes is a confidential document that can supplement a will, but not override it. Therefore its contents were not legally binding and Mary was dependent on the goodwill of the trustees. They owned the Montecito house she lived in and could even evict her if they wanted to.

She came to an arrangement whereby the trust paid her living expenses and uninsured medical costs, which can be high in California. Then her bubble burst six months after grant of probate when the trustees questioned her medical expenses.

How the Legal Battle Played Out in the UK

Lawyers determined the matter had to be resolved under UK law. Mary gave notice of a claim for ‘reasonable financial provision’ in December 2017. Twelve months of negotiation followed before communication broke down and the solicitors agreed a standstill in the claim.

Mary formally issued her claim in October 2018. However, the will and charitable foundation trustees both objected because the claim was out of time and therefore no longer valid.  In February 2019 Mr Justice Mostyn rejected Mary’s claim because:

# Her claim for reasonable financial provision was bound to fail

# Her delay in bringing the claim was not excusable

However, he did suggest Mary sue the trustees for a breach of trust if they refused to follow her late husband’s letter of wishes.

How the Court of Appeal Resolved the Matter

The Court of Appeal decided the judgement was ‘clearly wrong’. It also hammered solicitors generally for making standstill agreements ‘In what are often highly distressing and sensitive cases”. The trust will therefore have to allow Mary financial autonomy and at least her story has a happy ending.

Related

Filed Under: Probate Valuation Tagged With: Finding Love in a Caribbean Airport Lounge, Michael Cowan divorce case, probate house clearance, probate valuation, UK Court of Appeals

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

More info

About Richard Farrell

What We Do

Get A Quick Quote

Client Reviews

Imogen
Aug 3, 2022
 by Imogen on Avery Associates
Professiuonal House Clearance

Dear Jeffrey I want to extend a heartfelt thank to you and your team for the hero’s work that you all did yesterday at the house in Highbury. You... Read More

Anne Wenham
Jul 26, 2022
 by Anne Wenham on Avery Associates
Fantastic service

So pleased to have found Avery Associates when we had to clear a three floor town house. The probate valuations for house and contents were swiftly ... Read More

Margaret Campbell
Jun 24, 2022
 by Margaret Campbell on Avery Associates
Amazing Service and Support

Hello Pam / Jeffrey, As requested, sorry it is late …. I forgot☹️ I used Avery Associates for probate content valuation, clearance... Read More

Page 1 of 45:
«
 
‹
 
1
2
3
›
 
»
 

Share, Email or Print

Looking For Something?

Our Latest News & Advice

  • Why Must I Place a Deceased Estate Notice?
  • If We Must Vape Let’s Recycle E-Cigarettes
  • UK Government Fly Tipping Statistics 2020 to 2021


Avery Associates
291 Mitcham Rd
Tooting SW179JQ

Tel: 0800 567 7769 or 0208 640 0044

Services provided throughout London and the Home Counties. View our clearance case studies.


Website Terms | Privacy Policy | Sitemap | Copyright © 2005-2018 Avery Associates
Website Development by Avara Web Media