Laura Cowan

Moss, who died in 2020, left two children, Elliot and Allison. The majority of his £22 million estate was left to his wife, Lady Moss, Elliot’s mother and Allison’s stepmother (Moss’ daughter from his second marriage). According to Elliot, this was on the understanding that the majority of Moss’ estate would be passed to Elliot upon Lady Moss’ death.

Lady Moss subsequently died in 2023. Her 2022 will left her £27.8 million estate in a discretionary trust with the trustees being Allison and a family friend. She also left a draft letter of wishes saying that her relationship with Elliot was difficult and she wanted Allison and her children to be the primary beneficiaries of her will, but that she had included Elliot and his children in the hope that their relationship improved and that the estate could be split 50/50 between Elliot and Allison – at Allison’s discretion.

Due to the discretionary nature of the trust, this means that Elliot has no automatic right to receive anything from the trust – nothing from his late father’s estate at all.  He is at the mercy of his stepsister who can decide if he receives any inheritance whatsoever.

Allison has issued High Court proceedings seeking a declaration that Lady Moss’ 2022 will is valid. Elliot has contested this, saying that it is invalid as it was subject to undue influence from a family friend who persuaded Lady Moss to disinherit him.  He also asserts that Lady Moss lacked mental capacity at the time the will was created, that her mental health was deteriorating and that she was suffering from alcoholism, depression and grief following Moss’ death. Elliot claims that his mother’s earlier will from 2002 should be restored, which split the estate 75% Elliot /25% Allison with some family heirlooms relating to his father to Elliot.

Laura Cowan, head of Graysons’ private client team, says:

“It is unfortunate when difficult family dynamics such as this are played out in public. Blended families often lead to complex wills, especially in high value estates. It is understandable that Elliot feels that his mother’s will has not adequately provided for him, leaving nothing of his father’s estate to him and he has contested her will. 

“Such issues are best discussed in private, with proper planning and arrangements made before death. It is vital that early, clear and independent advice is sought from a specialist when making or updating a will and that succession planning is carefully considered and documented and that this is reflected in a will.  Well documented estate planning is essential, especially in cases where vulnerable people are concerned or where the new will is dramatically different from a previous one.

“Clear advice on trusts is vital, and it is important that the client understands the nature of discretionary trusts and the uncertainty that can arise for beneficiaries, due to there being no guarantee of inheritance.”

Graysons’ private client team has extensive experience of drafting wills and assisting clients to achieve their objectives, no matter the complexity. Contact one of our experienced team now.

Author: Laura Cowan, head of private client.