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Month: July 2019

Jail Time for Son-in-Law who Forged Will

Posted on by Jonny

A man gets 12 months in prison for his attempts at forging a will for his mother-in-law.

Brian Fairs, 77, is guilty of copying and pasting Gillian Williams’ signature, then forging a will to try and ensure a share of her £100,000 estate. His wife, Julie Fairs, also earns a conviction of forgery and fraud. However, her 12-month sentence comes with a suspension.

Mrs Williams had cut her daughter and son-in-law out of her will to stop them from benefitting from her estate in death. During the hearing, the jury heard that Mrs Williams thought her son-in-law was ‘cantankerous and arrogant’, even ‘dominating’ of her daughter.

The judge hearing the case at Gloucester Crown Court was Recorder Mr Ignatius Hughes QC. Hughes says that it was clear from both her wills and conversations with others that the late Mrs Williams didn’t want either her daughter or Mr Fairs to benefit from her estate.

Thus, she wrote them both out of her will. Mrs Williams’ sister, Lynn Botchett, states in her testimony to Gloucester Crown Court that “she never wanted anything to go to Julie, never.”

Ms Botchett alleges there had been problems in the relationship. They stem from when Mrs Fairs and her biological father, Stan Howitt, spoke behind Mrs Williams’ back. Evidence shows that Mrs Williams made alterations to her will after the death of her son, Terence Howitt.

The genuine will against the forging of a will

The genuine will was made through Christopher Davidson Solicitors. Coupled with three beneficiaries – brothers Martin, Geoffrey, and Paul Davies – in it. Their father, Frank Davies, offers testimony of what Mrs Williams had told him within the three years prior to her death.

“There is no way I can leave anything to her. She has had everything she is going to get out of me.”

Fairs handles forging a will accusations

After Mrs Williams’ death in May 2017, Brian Fairs did a copy-and-paste of a signature from his mother-in-law’s real will onto a forging of a will.

The solicitors told the jury Mr and Mrs Fairs came forth with ‘three loose pages of paper together in a wallet’. Wills “tend to be bound together so you know there are no pages missing.” Plus, Mr Fairs claims that he himself wrote the will. She adds the following.

‘The signature was not an ink signature, it looked like it had been cut and pasted.’ and that he had ‘taken the signature off (of) a previous will. In addition, some page numbers and dates were not consistent.” Moreover, “some pages had staple holes while others did not.

The judge said he believes that Mr Fairs was the driving force behind the scheme and his wife had gone along with it. During his ruling, the judge spoke of Brian Fairs.

‘(He was) responsible for the dishonour that now falls on you and your wife for what you decided to do.’

In defence of Fairs’ actions

Brian Fairs’ defence solicitor says his client’s actions were ‘about as far from sophistication as one can imagine.’ He adds while both Mr and Mrs Fairs’ made denials, Mr Fairs now accepts that he was ‘incredibly stupid to start the process.’

Like to discuss an inheritance issue? Keen to discuss the effects of this story? It’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

DNA Test Inheritance: Care Worker Can Inherit Country Estate

Posted on by Jonny

After a long battle, a care worker will inherit a 1,536-acre National Trust estate. This results after a DNA test for inheritance shows that he was the rightful heir.

John Adlard Rogers rightfully inherits the Penrose National Trust estate, one of Britain’s finest estates. Rogers, 31, was finally able to prove that he was the illegitimate son of the previous owner, Charles Rogers. The test confirms John Rogers’ long-held claim that he was Charles Rogers’ son.

A long line of owners uprooted by DNA test inheritance

Charles Rogers was the last in a long line of aristocratic owners who had owned the estate for generations. Since he was eight years old, Jordan suspects that Mr Rogers was his father since the age of 8. However, his requests for a DNA test were always subject to denial.

But then Mr Rogers died due to health reasons involving drug use in August 2018 at the age of 62. Subsequently, Jordan was finally able to take the DNA test. The test to prove that he was indeed the rightful heir.

Jordan admits to struggles with making ends meet on his salary as a care worker for many years. He has now moved into the large house, located between Porthleven and Helston in Cornwall. The Rogers family gave the property to the National Trust in 1974 in return for a 1,000-year lease so they could continue to live there.

The family’s Trust generates income by renting land to local farmers and by investing in stocks and shares. This produces a substantial income for the tenant of Penrose, which means Jordan no longer needs to work. Jordan Rogers has recently become a father for the first time.

With the new inheritance, he has already made a couple of notable purchases:

  • The installation of an outdoor gym, or;
  • A brand new Mercedes C63.

In a Facebook post, Jordan can be seen displaying a photo of his brand new home. Rogers says that it has been, ‘a hard three months of fighting for what is truly mine.’

He also adds:

‘I’m sure there will be lots family barbecues in the future I also have a tennis court.’

‘Maybe then he might have taken a different path.’

Despite his new-found wealth, Jordan claims he would give it up if he could have been closer to his father. Perhaps owing to his care worker mindset, Jordan says he wishes he could have helped Charles turn his life away from the drug abuse which ultimately led to his death.

Charles Rogers waged a battle with drug addiction for several years. In the months before his death, he didn’t take care of himself in terms of both hygiene and nutrition.

An inquest heard that the testator was sleeping in his car. This instead of his Grade II listed home in which he lived. The car is where he was found dead due to drug intoxication.

Jordan spoke of the issues that may have exacerbated his drug use.

‘There was always a pressure of him trying to match expectation,’ he says. ‘His brother was an RAF pilot and his dad a lieutenant commander in the Royal Navy. So he had big shoes to fill.’

‘Charles served in the Army in Northern Ireland, and I think this affected him greatly along with the death of his brother Nigel from cancer who he was very close to.’

Jordan adds:

‘People say I’m lucky. But I would trade anything to be able to go back and for Charles to know I was his son. Maybe then he might have taken a different path.’

Perhaps you would like to discuss an inheritance issue regarding a similar situation. Alternatively, this story might have an effect on you to improve your experience. Reach out to us: it’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

How we can help you with testing results

Some of the ways we can help regarding inheritance DNA test dispute matters include:

  • genetic health investigations;
  • testators who died intestate;
  • mouth swab sampling, be it for a potential biological daughter or son;
  • a full study of the health risk data within the family;
  • any adverse inference from other parties or family members;
  • matters for the attention of the High Court (if necessary);
  • paternity test issues;
  • test to assist inheritance disputes and DNA samples;
  • birth certificate and other documentation matters.

We work exclusively with law firms authorised and regulated by the Solicitors Regulation Authority. Moreover, these specialist solicitors know case law for all things relevant to inheritance disputes. Therefore, when you think you’re entitled to a share of an inheritance, get in touch.

Poll Shows Millions Would Dispute a Will if Unhappy with Result

Posted on by Jonny

A poll of British people reveals millions would dispute a will if unhappy with result of the awarding of assets went down. The poll by Direct Line Life Insurance found that over 12.6 million British people would challenge a will in court.

  • Especially if the division of assets was inappropriate.
  • Even if the testator’s will was current and clear.

This finding is particularly interesting when we consider that around half don’t write a will at all. They don’t because they presume that their assets will automatically go to their spouse, partner or children by default.

Why Some Would Dispute a Will if Unhappy with Result

However, complications arise with:

  • multiple marriages,
  • half-siblings,
  • non-traditional families and;
  • couples free of weddings who live together.

Some people fail to update their will and sometimes a main benefactor may already be gone themselves. There were over 8,100 applications to contest wills in 2017, a 6% increase over 12 months. These ‘grants of probate’ cost £20 to file. That means British people spent £160,000 in one year on raising issues with wills.

According to a family solicitors, the most common reason for contesting a will in the UK is that the testator was under ‘undue influence’. In essence, someone faces pressure to sign a will which did not necessarily represent their true wishes. These petitions are not often successful: the challenger needs to provide a high level of proof.

Wills can also face challenges on the grounds of ‘testamentary capacity.’ In short, the legal and mental ability of a person to alter or make their will is in doubt.

There are also ‘rectification and construction’ claims that face contesting. This is the claim that a clerical error was made when drafting the will, and it didn’t truly reflect the testator’s wishes.

Business manager at Direct Line life insurance, Jane Morgan, says:

‘While people are increasingly contesting wills, everyone has the right to choose how they’d like to distribute their assets. Even if it seems unusual or excludes even the closest family members. People can be surprised and hurt by the contents of a will. So people may wish to discuss with beneficiaries and those that might think they would inherit. How they plan to distribute their assets.’

The difficulties of when you dispute a will

Unfortunately, the issue of money and trust is often problematic before death. A recent study reveals only half of adults would trust a family member to manage their finances if they could no longer do it themselves. A study by a legal service also found that over 33% don’t have a family member we would trust to take care of our affairs. Essentially, we don’t believe our family can manage our own money when we can’t do it ourselves.

It’s therefore even more surprising to learn that nearly 80% of those aged over 45 do not have a lasting power of attorney (LPA). This legal document identifies the people they would prefer to manage their affairs when they are no longer able to. Over 41 million people believe that they do not need an LPA as their loved ones would be automatically able to make decisions on their behalf if they could not.

Would you dispute a will if unhappy with results? We can help. If you’d like to discuss an inheritance issue or feel the effects of this story, reach out to us. It’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

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