Channel 5's gripping crime thriller, "The Inheritance," has captivated viewers with its intricate plot and unexpected twists. Beyond the suspense and drama, the series delves into several complex legal issues surrounding inheritance disputes and the validity of wills. We consider what could have been done to avoid the unfortunate and contentious outcome based on Scots law.
Inheritance rights and disputes
At the heart of "The Inheritance" is the issue of succession rights. The series introduces three siblings who are shocked to discover they are not in line to inherit their father's estate following his suspicious death. This scenario raises questions about the validity of wills, the rights of heirs, and the potential for disputes among family members. In real life, such disputes can lead to lengthy and costly legal battles, often requiring court intervention to resolve matters. We would encourage discussion amongst family members during the will drafting process to avoid these unexpected surprises.
Validity of wills
The series also touches on the importance of the validity of wills. In the show, the father's will is called into question as it was changed shortly before his death to leave everything to his new wife. This led to suspicions and accusations among his children. In Scots law, a will must meet certain criteria to be valid. The testator must be of sound mind at the time of signing, the will must be signed at the foot of every page and at the end of the last page in the presence of an independent witness, and the testator must not be influenced by undue pressure or fraud. If any of these criteria are not met, the will can be contested, and if successful overturned (in Scots law, this is known as reduction). A will can also be reduced in Scotland if facility and circumvention is proven.
Fraud and undue influence
Fraud and undue influence are significant legal issues explored in "The Inheritance." The series reveals that the charming estate agent (who, *spoiler alert*, is the son of the father's new wife) manipulated his way into the family to influence the inheritance of the estate. This highlights the legal concept of undue influence, where an individual takes advantage of their position of trust to exert pressure on the testator (the person making the will) to benefit from the will. Proving undue influence in court can be challenging, as it requires substantial evidence of manipulation and coercion (beyond merely persuasion). To reduce a will on grounds of fraud, it must be proven that the testator was deceived into acting in a way they would not have otherwise acted. Therefore, obtaining medical opinions, expert advice on signatures, or statements from reliable individuals who knew the deceased's intentions could be crucial.
Facility and circumvention
Facility and circumvention could apply where, for example, the testator's health has rapidly declined, and a family member has suddenly been written out of their will.
To successfully prove facility and circumvention, three criteria must be met:
- The testator suffered from a weakened mental state or deterioration (facility)
- This state was taken advantage of by someone for their benefit (circumvention)
- The person challenging the validity of the will suffered a loss as a result of the facility and circumvention.
Deed of variation
After hearing their father's new wife is entitled to everything in the will, the solicitor suggests the option of using a deed of variation. A deed of variation is a legal document that allows the beneficiaries of a will (in this case the new wife) to change the distribution of the assets set out in the will. However, understandably the children ruled out this option in the show as they felt that the new wife would not agree to giving any of the inheritance to them. Despite not being appropriate for this situation, a deed of variation can be a really useful tax planning tool to re-direct funds to beneficiaries of your choosing. A deed of variation must be entered into within 2 years of death to be effective.
Liferent trust in a will
Had the father wished for his new wife to benefit from his assets during the remainder of her lifetime, but ultimately allow for his children to inherit his estate, he could have incorporated a liferent trust into his will. A liferent trust is a good option for ensuring the ultimate destination of an asset whilst giving another person the right to continue using the assets held in the trust while they are alive. For example, the father could have put his house into a liferent trust for his new wife to give her the right to live in it during her lifetime, and on her death, the property could then have passed to his three children, having been protected in the liferent trust. This would have prevented the cunning estate agent (the son of the new wife) from inheriting the property.
Legal rights in Scotland
As this series is set in England, a key difference to note is that children cannot be disinherited by a will in Scotland due to "legal rights". Legal rights allow for the children of a deceased to claim one-third of their parent's net moveable estate between them where there is a surviving spouse/civil partner, and one-half where there is no surviving spouse/civil partner. Where children are provided for in the will, they must choose whether to accept this provision or their legal rights – they cannot have both.
Conclusion
While "The Inheritance" weaves together elements of suspense and legal drama, it also sheds light on the legal challenges that can arise in the wake of a loved one's death. The series serves as a reminder of the importance of having a valid will and taking professional advice at an early stage to ensure your estate passes in line with your wishes. Please get in touch if you would like further advice on the options available to you.
