Will warning by widow forced to sue children
A HARROGATE widow has issued a stark warning to the public about the importance of making a will after being forced to sue her own children to stop them losing the family home.
The bizarre legal wrangling happened after Mandy Tennant's accountant husband Adam, 41, died suddenly while playing football in October 2007 - leaving no will or life insurance policy.
As a result the bereaved mum was left with a huge mortgage on their dream detached home which she couldn't afford to pay – meaning that she had to sue the couple's three children in order to get their share in exchange for a portion of the house.
Devastated Mandy, 46, had to employ solicitors to contest the rules of intestacy which stated that the children were entitled to their sum of the 860,000 estate which would have left her with no option but to sell their home and buy a much smaller property.
Having been left with just half of it, Mandy couldn't afford to pay the mortgage and also provide a living for her family so she had to issue legal proceedings under the Inheritance Act to have the money handed over to her in return for a share of the house in Harrogate.
Because her three children were all under 18 they couldn't simply sign over the money to her in return for a share of the property and a stressful year-long court process, costing 15,000, was started.
Mandy first consulted the probate service, which told her there wasn't much she could do and she had little option but to sell off their house.
She then approached law firm Irwin Mitchell who explained that the only way to get round the issue without losing their much-loved home was to sue her own children and alter the legal decision.
Mandy said: "It was hard enough for us to come to terms with Adam's death, let alone having to face the prospect of being forced out of our family home because we couldn't afford the mortgage repayments. I never realised this could happen. When Adam died I thought the whole process would be simple and that everything would take care of itself. Instead it turned out to be an emotionally draining experience, knowing that I was going to have to sue my own children to be able to provide for them.
"Adam would never have wanted us to end up in a situation like this. Had he been aware of the potential to end up in this situation he would have made sure his will was up to date and that he had life insurance in place.”
Mandy and her legal team finally put the matter before a judge at Leeds County Court, before the estate was happily altered - enabling the mum to pay off the hefty mortgage and the family to stay put.
Now Mandy and her three children all have a share in the home and when the youngest reaches 18 they can decide whether or not to claim their portion, sell it to their mum or just hand it over.
Adam Draper, associate solicitor in Irwin Mitchell’s Contentious Probate team, said: “In Mandy’s case the division of assets put her in an extremely difficult financial position, where much of the money was inaccessible as it was tied up in trust funds for the children.
“It is incredibly bizarre to be left in a position where you have no other option than to issue legal proceedings against your own children. Fortunately we were able to obtain some of the funds to allow Mrs Tennant to pay the mortgage, but there are no guarantees that this will be achievable in every case.
“The whole situation would have been avoided with a valid will, and demonstrates that even when a couple is married it is important to update your will regularly. It is staggering that around 60 per cent of people in the UK do not have a will.”
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Thursday 24 May 2012
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