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A swear word-laden note, discovered among other paperwork, has sparked a major legal battle over the final wishes of a man who took his own life.
In the handwritten 'will', Mr A* tells his sister to get her “grabbing hands and face out of my business forever,” stating his intention to leave the contents of a bank account to his partner.
But, in public documents laid before Jersey's Royal Court, his sister claims the “hostile” note may have been written in a bout of drunkenness and should be discredited.
The Royal Court is now being asked to decide who should get his money.
The documents show how, against a background of apparently fraught relationships with his sister and partner, Mr A wrote that everything in one particular bank account should go to his partner.
However, a few days before his death, Mr A transferred the bulk of this money (around £100,000) into another account. Given that he only specified the partner should receive the funds in the first account, the executors of his will found that the rest of it – in the second account – automatically goes to his sister.
Pictured: Public documents before the Royal Court detail the nature of the case.
Mr A’s partner – Ms X – is contesting this decision by suing both the executors, Viberts, and the man’s sister.
On behalf of the man’s partner, Advocate Jeremy Heywood states that the couple “had known each other for over 18 years” and had been living together for a number of years before getting engaged.
Advocate Heywood alleges that Mr A “harboured a strong antipathy towards” his sister and his 'will' reflects this in that it is “drafted in strong terms and is evidently hostile” towards her.
Ms X* says that she discovered the document while going through Mr A’s paperwork after his death. It leaves his vehicle to his partner's son from a previous relationship and then states: “Any funds in my bank account [at a local branch with a particular account number] are to go directly to [Ms X]. Yes. [Ms X]. If my sister in any way shape or form bumps her gums over this she can f*** off. My cash is to do with what I will sis, so get your grabbing hands and face out of my business forever.”
However, when the executors contacted the bank, it became clear that a substantial amount of the money had been moved to a different account which wasn’t specified in the will.
As Mr A hadn’t stated his intention for the funds in the second account, Viberts found that – under Jersey probate law – it should go automatically to his sister.
On Ms X’s behalf, Advocate Heywood says: “The will is drafted in strong terms; it is clear from the wording that [Mr A] had ill feeling towards his family and in particular, [his sister]. [He] did not wish or intend for his sister to benefit from his estate.”
Pictured: The man's sister alleges that he was "intoxicated" when he wrote the will leaving all of the money to his partner.
In their response to the partner’s claim for inheritance, Viberts Executors, who were in charge of actioning Mr A’s will, explain that because the intention for the rest of his estate wasn’t made explicit “the closest living relative [his sister] stands to inherit” it.
Advocate Frances Littler, responding on behalf of Mr A’s sister, alleges that Mr A’s and Ms X’s relationship was “volatile and abusive, particularly when fuelled by alcohol”.
She also asserts that Mr A “enjoyed a good relationship” with his family, but it was his relationship with Ms X that led him to become “estranged."
Advocate Littler argues: “No one knows [Mr A’s] frame of mind when he wrote the will, however, from the handwriting, presentation and phrasing of the will it can be reasonably inferred that [he] was intoxicated.
“Notwithstanding the apparent terms of the will, four days after having made [it]… [he] took deliberate steps (by attending the bank in person) to move the sum… out of… the very account which is referred to in the will.”
The case continues.
*Express has anonymised the individuals involved due to the sensitive nature of the case.
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