Oxo Mum’s Family Torn Asunder by a Badly Made Will
How poor estate planning has left the late Loose Women star’s sons powerless – and possibly penniless.
Eighteen months on from her sad death, Lynda Bellingham’s sons are enduring not only bereavement, but also the burden of having to challenge their beloved mother’s will through the courts.
A blended family divided by poor estate planning
Ms Bellingham got together with Michael Pattemore eleven years ago, when her eldest boy, Michael was 21 and her youngest, Robbie, was 16, and the couple were married in 2008. Theirs was clearly a blissfully happy marriage. She was also devoted to her boys, having raised them as a single Mum for ten years after the breakup of her marriage to their father. In a moving letter read out at her funeral, she said to her sons, ‘I love you both so much it hurts.’
But poor estate planning has resulted in her sons being deprived of their inheritance and inadequately provided for. Michael and Robbie say their stepfather has evicted Robbie from the family home and squandered much of their mother’s estate on expensive treats and lavish holidays for himself.
“This isn’t about money,’ says Michael, ‘it’s about the fact that he’s got control over everything my mother worked for her entire life, and we know that’s not what she wanted.’
It appears that the cause of this tragic situation is the wording of their Mum’s Will, in which, the boys understand, she left everything to Pattemore.
Robbie and Michael say their Mum wanted Pattemore to make sure they were provided for, but so far, this isn’t what has happened.
At first, the boys had a battle on their hands even to see a copy of their mother’s will. Eventually, Pattemore, they allege, read it out to them.
“Everything’s been left to me” Pattemore allegedly told Michael, “so it will go to you when I decide.”
According to Robbie:
‘When he read it to me later, he actually chuckled and tried to make a joke, saying, “So you’d better not do anything to annoy me.”
So far, the boys have received just £750 each, and Robbie has been forced to move out of the family home.
“Our stepfather has everything, and if he wants to spend it all or lose it on bad investments, he can.”
So how did it all go so horribly wrong for Lynda’s Bellingham’s family?
Her first mistake was procrastination. Significant milestones in your life are a time for making or updating your will. When Ms Bellingham remarried in 2008, she should have sought proper advice then and taken action to ensure that her whole family was properly provided for.
We all put off making our wills because we like to think we’re immortal and “there’s no need to do it yet”. But Ms Bellingham left it until December 2013, just ten months before the end of her life, when she was terminally, seriously, ill, and desperately vulnerable, hardly the best time to make objective decisions about what’s best for all concerned.
The second mistake was not to have an open discussion with the whole family. Clearly, the highly emotionally charged atmosphere within a family about to lose its leading lady is not the right environment for a constructive discussion about the future. Again, if Ms Bellingham had approached this decision in a positive way in mid-life, perhaps early in her marriage, or as her wedding approached, rather than in her final months, such a conversation might have been more feasible. As it was, her boys found it impossible to broach the subject.
‘It was all handled so badly. If they’d both sat us down and talked us through their plans before she died, it wouldn’t have been such a shock.” says Michael, “Honestly, though, I don’t know if she really understood what the outcome would be.”
As to the content of her will, we can only speculate, but Ms Bellingham didn’t need to feel that she was in an either/or dilemma, of having to choose whether to provide for her husband or her sons. If she had made a Protective Property Trust Will, she could have ensured that her husband was comfortably provided for whilst ensuring that her sons received their inheritance.
A Protective Property Trust Will would have set up a family trust, which safeguarded her assets for the benefit of the whole family. Her Trustees would have been empowered to endow her husband with a comfortable lifestyle, but duty bound to prevent him from squandering her assets to the detriment of her sons.
Her choice of Trustees would have been an important opportunity to safeguard her assets for her husband and sons alike. Instead of placing all the control in the hands of her husband, she could have appointed her sons to act as co-trustees so that they could have their say in the way her assets were managed, invested and used. And to prevent friction within the family, she could have appointed a trusted professional, such as her solicitor or accountant, as an additional trustee, to act as a neutral arbiter, voice of reason and objective upholder of her wishes.
Learning from Lynda Bellingham’s mistakes.
Michael and Robbie don’t blame their Mum for the way things have turned out.
‘I think deep down she knew the arrangements she’d made weren’t right”, says Michael, “but I don’t think she wanted to confront her impending death. Who does?’
But they do so wish their Mum had done things differently. If they had, these bereaved young men wouldn’t be forced to contemplate the awful step of taking their stepfather to court.
‘Don’t make the mistake Mum made. She would be devastated if she knew what we’d been through since her death. Knowing how much she loved us, that’s the saddest thing of all.’
If Lynda Bellingham's story gives you a shudder of recognition, don’t be afraid to seek advice and take action to protect yourself and your family. The first step is the hardest, but it’s also surprisingly easy – just give us a call on 0151 601 5399 or complete the contact form below for a confidential chat about your situation and what you can do.
-
The Probate Process Demystified
Probate, a term that often appears daunting, is the process of putting someone's affairs in order after they've passed away.
Read more... -
Navigating Inheritance Tax
Let’s explore some valuable insights and tips to help you navigate Inheritance Tax effectively.
Read more... -
Peace of Mind for Parents of Young Children
As a parent, your primary concern is the well-being of your children. You strive to provide them with love, care, and a secure environment to grow and thrive. Yet, amid the joyful chaos of parenting, it's easy to overlook one crucial aspect of their future: creating a Will.
Read more... -
Safeguarding Your Business Legacy
Let’s explore four key strategies that every business owner should consider safeguarding their business legacy.
Read more... -
The Essential Guide to Estate Planning for Private Landlords
The rewards of property investing can be generous, but the challenges are undeniable. Let's look at the bigger picture.
Read more... -
Blended Families and Inheritance: Balancing Your Spouse’s Security and Your Children’s Legacy
Being part of a blended family can be such a joy and can also raise important considerations for the future.
Read more...
-
Protecting Your Children’s Inheritance from Care Costs
Life is full of uncertainties, and as responsible parents and grandparents, it's only natural to worry about what the future holds for your loved ones.
Read more... -
A Guest Blog from Canada
Brian from Canada tells his story of the difficulties he had with his late father's estate due to poor estate planning. It shows that the risks - and the ways to prevent them - are remarkably similar on both sides of the Atlantic.
Read more... -
Vlog: Powers of Attorney Explained
A simple video introduction to Powers of Attorney, what they do for you and what your rights and your Attorney's responsibilities are.
Read more... -
Vlog: How to Divorce-Proof your Children’s Inheritance
A simple video tutorial addressing a concern held by many parents of adult children.
Read more... -
Take me to Court (as your barrister of course!)
Barrister Raj Kanda tells us how a revolution in legal services means you can access his help directly.
Read more... -
Why Trusts are your Best Friend
A short video blog explaining why trusts are a user-friendly and economical part of your overall estate plan
Read more... -
Shielding your Buy to Let Portfolio from Inheritance Tax
This is a quick video introduction to seven ideas you can explore to manage your exposure to Inheritance Tax if you're a buy-to let investor
Read more... -
Estate Planning Video Tutorial for Buy to Let Investors
This short video introduces you to the main points you need to consider if you are responsible for a buy to let portfolio
Read more... -
Video Blog - How to Protect your House from Care Fees
This is the biggest issue for more mature parents whose kids have flown the nest - how can we save the kids' inheritance from being wiped out by care fees?
Read more... -
Video Blog: How to Pay for a Funeral Without Going Into Debt
It's a terrible time when you've just been bereaved, and the last thing you need is practical worries about paying for the funeral.
Read more... -
A Scary Story! Video Blog
My video explaining how a simple keystroke error almost cost someone their £100k+ inheritance … and what easy action you can take to safeguard yourself against such a thing happening to you.
Read more... -
Older Childless People “Dangerously Unsupported”
More than a million childless people aged 65 or above are living with dangerously inadequate levels of support, suffering isolation and lack of access to formal care - and that number is expected to double by 2030.
Read more... -
Taking the Long View
You need to make an estate plan to truly future-proof your family. Here's why, and how to go about it.
Read more... -
Brexit Turmoil Delivers Reprieve for Bereaved Families
At last, a tiny bright spot amongst the relentless Brexit related misery.
Read more... -
£110,000 for seven years of care
A court has awarded £110,000 to a granddaughter who provided devoted live-in care for her grandmother for seven years.
Read more... -
What to Do When a Loved One Passes Away
When you lose someone, the last thing you want is to think about the practicalities, but there are some essential steps you must take to safeguard the estate and ensure that it is passed down as smoothly as possible.
Read more... -
Estate Planning Essentials for Same-Sex Couples
How to avoid the four most common estate planning pitfalls that can affect same-sex couples.
Read more... -
D’Oh! Five Ways to Seriously Mess Up Your Estate Plan
If financial security and peace of mind for your nearest and dearest is your priority, it’s essential that you maintain a valid and up to date estate plan.
Read more... -
Talking About Estate Planning with your Parents
Have your Mum & Dad made their estate plan yet? Should you be concerned?
Read more... -
What About Your Digital legacy?
How to plan for what will happen to all your online accounts after you’ve gone.
Read more... -
Don’t let your business get clobbered!
It’s your responsibility to safeguard your business. Here’s how to do it in three easy steps.
Read more... -
Cost of Care Rises by 10% in Just One Year
The cost of a place in a care home is rising at its fastest rate ever, while pension incomes have little hope of keeping pace.
Read more... -
Hats off to the “Parentsioners”!
Look around, and you’ll notice you're surrounded by people who quietly go about their daily business of achieving seemingly impossible feats of hard work and organisation. You might be looking at just such a person in the mirror.
Read more... -
Contested Will Saga Ends in Prison Sentence
A retired window cleaner, who was left £280,000 in the will of a customer, was jailed for failing to hand back the money when ordered.
Read more... -
Will Inheritance Tax be Simplified?
The Office for Tax Simplification is reviewing the complex Inheritance Tax system. Does this mean there will there be less tax to pay?
Read more... -
Daughters try to block father’s marriage
Court of Protection forced to decide whether daughters can lawfully block their father’s marriage to his partner of 20 years.
Read more... -
Three Brothers in Court Battle Over their Mother’s Legacy
The three Heath brothers have already incurred £50,000 in court costs because they didn't have the awkward family conversation about inheritance.
Read more... -
We Need to Talk About Inheritance
With inherited wealth set to double in the next 20 years, it’s time to get over the awkwardness and have the conversation now.
Read more... -
Inheritance Tax Bonanza for HMRC
A 23% spike in Inheritance Tax receipts is being blamed on frozen allowances, rising house prices and more aggressive tax collection.
Read more... -
Dementia Tax – Some Good News?
Cautious optimism as Health Secretary vows to bring forward plans to make paying for care fairer.
Read more... -
The Tragic Case of “Mr Y”
52-year-old "Mr Y" is being kept alive in a coma while the Official Solicitor defends legal principles.
Read more... -
Can the Government be Trusted on the Dementia Tax?
Little has been said about the cost of care since the 2017 Dementia Tax controversy. But the few hints dropped by the government have both insulted and threatened parents of adult children.
Read more... -
Power of Attorney Refunds Available
If you paid £110 to register your Lasting Power of Attorney between 1st April 2013 and 31st March 2017, you are entitled to a refund of up to £54.
Read more... -
Case Study: Jim and Jean’s Story
Jim and Jean have two grown-up children with complex disabilities. Here’s how their estate plan met their needs.
Read more... -
The £50million Final Salary Pension Transfer Boom
Here’s why so many savers are moving away from their final salary pension schemes? And why your pension capital should be a key consideration in your estate plan.
Read more... -
Just how risky are Lasting Powers of Attorney?
An invaluable tool? Or a passport to financial abuse?
Read more... -
Case Study: Guy and Steve Safeguard their Business
Read more... -
Sheila Kitzinger’s Good Death
Sheila Kitzinger, a passionate advocate for the rights of expectant mothers, pioneered the use of birth plans. And she brought the same control and empowerment to planning her own final days.
Read more... -
We’re Not Getting Any Older
Life expectancy at age 64 has all but ground to halt, due to the austerity years and a surge in dementia. What can you do for yourself while we wait for a cure?
Read more... -
Lynda Bellingham’s Sons Betrayed, as Feared
The late Lynda Bellingham’s lack of a proper estate plan risked leaving her sons with nothing – now her widower has done exactly what she least wanted him to do.
Read more... -
Probate: What’s it all about?
If you are dealing for the first time with the estate of someone who has died, you must quickly get to grips with some probably unfamiliar concepts. This is a short introduction to the issues you may have to deal with.
Read more... -
Redefining old age?
Seismic demographic changes mean we must re-think what it means to be “old”, says one of the UK’s leading social scientists.
Read more... -
Case Study: Ray & Joyce
How this retired couple made sure most of their main asset would be inherited by their children – and not the council.
Read more... -
Business Property Relief
If you are a business owner, it’s likely that your business is one of your main assets. You may want to pass your business to the next generation as a going concern, or you may want your dependants to benefit from the value of the business after you’ve gone.
Read more... -
Seven Inheritance Tax Tips for Buy to Let Investors
If you’ve invested in buy-to-let, you’ve probably done so with the intention of creating a steady income for yourself, together with capital to hand on to the next generation when you’re gone. But unfortunately, wealth tied up in residential lettings often comes with a significant Inheritance Tax burden.
Read more... -
The Residence Nil Rate Band
A guide to making the most of the new Inheritance Tax allowance.
Read more... -
Case Study: Tony and Diane’s Story
How Tony and Diane secured an Inheritance-Tax-free legacy for their daughter and planned a secure retirement for themselves.
Read more... -
What’s all this fuss about The Dementia Tax?
It’s odd that there has been so much vociferous debate about “the dementia tax”, as if this is an outrageous new concept proposed by a rapacious government. The truth is that people with dementia have been robbed of their legacy for decades to pay for their care.
Read more... -
Separating Elderly Couples in Care is Inhumane
It's scary that Social Care leaders actually had to be told at a recent conference that separating elderly couples in care is inhumane.
Read more... -
Inheritance Tax Planning with Enterprise Investment Schemes
Not keen on the government gate-crashing your funeral to demand yet more tax? An Enterprise Investment Scheme may be a useful addition to your estate planning toolkit.
Read more... -
Sons’ Inheritance Blown on Legal Fees
Two brothers have wasted their entire inheritance on a doomed court battle to contest their late father’s will.
Read more... -
Helping your Parents to Cope
The Guardian newspaper recently published a helpful group discussion, in which readers shared their own experiences of what has worked for them in offering a helping hand when a parent is finding it all too much.
Read more... -
The Supreme Court’s Decision in Heather Ilott’s case.
The 2015 Court of Appeal Decision in Heather Ilott’s case has been overturned. The Court of Appeal’s 2015 award of £163,000 has been reduced to £50,000.
Read more... -
Charitable Legacies - a Win-Win
Leaving a charitable legacy in your Will makes you feel good AND gets you an Inheritance Tax discount – what’s not to love?
Read more... -
Our friend died without saying she’d left us £110k
The rate at which estates go unclaimed has risen two and a half times in the last five years, according to government figures recently released.
Read more... -
Who gets the kids if something happens to us?
It’s a horrible thought, isn’t it? Nobody wants to imagine their beloved child being orphaned, but thinking about the unthinkable, and making proper plans, is a vital parental responsibility.
Read more... -
Is Your Child’s Inheritance Divorce-Proof?
Doreen Crowther may lose her house because her inheritance wasn't divorce-proofed.
Read more... -
Planning for the Cost of Care
Will poor health in later life put your home at risk?
Read more... -
Status Quo Rocker Rick Parfitt Disinherited his Wife
The late Status Quo star Rick Parfitt disinherited his wife in the final days before he died, it has emerged. But all is not as it seems.
Read more... -
My Health Scare - and why I’m so glad I made an Estate Plan
My New Year was overshadowed by a major health scare – but my estate plan assured me that, whatever might happen, my clients and loved ones are protected
Read more... -
Your New Year’s Resolution?
If you haven't made your will yet, you risk leaving a mess behind for the people you love.
Read more... -
George Michael’s Estate Plan
Much missed pop legend provides for his sisters, god-children and favourite charities in his Will
Read more... -
Our 2017 Continuing Professional Development Programme
Our 2017 Estate Planning Training Programme for Accountants and Financial Services Professionals
Read more... -
How a £2000 Inheritance Transformed 40,000 lives
Vashti Seth started a charity with a legacy from her dad
Read more... -
The £72million House Heist
Councils’ £72million raid on older people’s houses to pay for care
Read more... -
Royle Family’s Caroline Aherne Accidentally Left Her Mum with a £71,000 Inheritance Tax Bill
Inheritance Tax stress for Caroline Aherne's bereaved Mum
Read more... -
“Get a Job!”: Disinherited Daughter’s Court Battle Ends in Humiliation
Danielle Ames loses her fight with her stepmother for a share in her late father’s fortune
Read more... -
Danae Brook’s Story: A Blended Family Blighted by Intestacy
How Danae’s husband’s intestacy left this blended family in chaos.
Read more... -
The Truth about Deliberate Deprivation of Capital
Thinking about making a significant gift to your children? Worried that the council might snatch back the gift if you later go into a care home? Here’s what you need to know.
Read more... -
Disinherited Daughter v Stepmother
Disinherited Danielle Ames in Court Battle with her Stepmother over her "Idolised" Late Father's Fortune
Read more... -
Is the Traditional Marriage an Endangered Species?
In a major cultural shift, married couples are now in the minority as most couples choose to cohabit. Is this the beginning of the end for traditional marriage?
Read more... -
Video Blog - Inheritance Tax and You
Will my estate be affected by Inheritance Tax?
Read more... -
The Hurt and Rejection of Daisy Goodwin
It's every parent's responsibility to talk to their children about the legacy they might leave
Read more... -
Trusts to Manage Inheritance Tax – One Rule for The Duke of Westminster and One for the Rest of Us?
The toxic urban myth that Inheritance Tax is for "the little people".
Read more... -
Toby Wales’s Story
The power of wills to transform lives for the better.
Read more... -
Heartache and Chaos from a Lost Will
Alison Shields tells of the distressing consequences of her father's lost will.
Read more... -
Father’s fear of making a will left his young daughter penniless
How Katy Young was accidentally disinherited by her father's fear of making a will.
Read more... -
Property tycoon sued beyond the grave.
Ex-civil partner of deceased millionairess in court bid for larger settlement
Read more... -
Stepfamilies & Blended Families Estate and Legacy Planning
A video guide for people who have stepfamilies or blended families
Read more... -
Frugal Bachelor Leaves Surprise Legacy of £1.5million to his Local Hospital
Heartwarming Generosity of Peter Gibbons
Read more... -
Case Study - How Dervla’s Inheritance Tax Planning Saved £120k
In today’s climate, “fail to plan” means “plan to pay lots of Inheritance Tax”
Read more... -
Video Blog - Estate Planning Tips for Business Owners
A Video Guide to Keeping your Business Resilient
Read more... -
Angela Rippon – a Happy Singleton Putting her Affairs in Order
In advance of the BBC documentary "The Truth About Dementia", Angela Rippon shares her concerns.
Read more... -
“Do Not Resuscitate” – Could this Happen to You Without your Consent?
The NHS knows that it's happening - and why it's happening - but won't be doing anything about it anytime soon. Here's how to protect yourself and your family.
Read more... -
The 8 Vital Questions You Should Answer Before You Make a Will or Estate Plan
How to choose an estate plan that's fit for purpose and within your budget
Read more... -
Estate Planning Tips for Happy Singletons
This is an estate planning guide for single people - what you, as a happy singleton, can do to plan a secure future and a meaningful legacy.
Read more... -
Oxo Mum’s Family Torn Asunder by a Badly Made Will
How poor estate planning has left the late Loose Women star’s sons powerless – and possibly penniless.
Read more... -
Case Study - Bill and Anne, Buy to Let Investors
How we helped a couple ensure a secure future for theselves, their family and their buy to let portfolio
Read more... -
Estate Planning Considerations for Buy to Let Investors
This is the first in a two-part series that looks at the estate planning concerns of buy to let investors - and some of the many available solutions.
Read more... -
Come Live with Me and Be my Love ....
Five practical tips for living together securely
Read more... -
Colin and Eleanor’s Story - Peace of Mind for Four Generations
This is the story of Colin and Eleanor, great-grandparents who wanted the peace of mind of knowing their assets were protected for the four generations of their family, and that their own personal wishes were respected no matter what
Read more... -
Soaring Probate Fees - a Stealth Tax
The Ministry of Justice has announced a fee scale that increases the cost of probate by up to 130 times the present fee. Here are some ways of managing the cost of leaving a legacy for your family, so their inheritance is maximised.
Read more...
Subscribe for Updates & Information
"As a single person with no dependants I wanted to ensure that in the event of my death my assets would be given to the people that I wanted - Gina sorted it simply and in plain english - that’s a real comfort. Thanks!!"
Traci W