Michael Winner was a national treasure, and report of his recent death was sad news indeed. He was a man of many talents, enjoying successful careers in cinematography, television, and culinary journalism. He also helped to found the Police Memorial Trust.
It comes as no surprise then that the tributes have been flooding in. I for one will never forget his catchphrase: "calm down dear, it’s only a commercial", coined in the Esure adverts.
Anyway, whilst we remember the man, spare a thought for his widow, Geraldine.
Articles in leading papers, such as the Sunday Times, suggest that Geraldine has been left penniless by Michael's death. At first blush, one might assume that Michael has left Geraldine out of his will.
That, it seems, is not the case. The Daily Mail quotes Michael two years ago as saying that he had left everything to Geraldine in his will.
It appears then that Geraldine's predicament may not be caused by a lack of generosity on Michael's part, but rather, by the legal complexity and formality attached to estate administration, or as it’s widely known, probate.
You may wonder how it can be that a widow is denied immediate access to even a small portion of her husband's multi million pound estate. After all, what will she live on? How will she pay the bills?
The sad reality for Geraldine is that the legal process makes no concession for her immediate needs. Before she can receive any of her inheritance Michael's executors must administer his estate properly and in accordance with the law. In order to even gain access to Michael's assets, which were frozen on his death, the executors must obtain a grant of probate.
In some estates, particularly large or complex ones, it can take six to twelve months, sometimes longer, to obtain probate. Things are therefore likely get worse for Geraldine before they get better.
It didn't have to be like this though. Only those assets in Michael's sole name should be tied up in his estate. Anything he owned jointly with Geraldine should be freely available to her. It thus seems to me to be probable that they had nothing, or at least very little, in their joint names.
Michael was ill for quite some time before he died, and I understand that his death was, to a degree, reasonably foreseeable. I can't help but think that some very simple estate planning would have saved Geraldine a great deal of trouble.
For example, a joint account could have been opened before Michael's death with enough money deposited to see Geraldine through the twelve to eighteen months it may take to have the substantial estate administered. Alternatively, he could have established a lifetime trust and that could now be controlled by trustees independently of the estate. In hindsight, these seem like obvious things to have done. But I suppose, only if you know that a deceased person’s assets are frozen on death.
Maybe Michael would say: "calm down dear, the money will get to you eventually". Actually, I doubt it, and suspect he would rue not putting some money in a joint account.
There could be a twist in this tale, as some news reports are emerging in the press that Michael was financially supporting an ex-girlfriend at the time of his death. She apparently says Michael promised that her allowance would continue after his death, so it will be interesting to find out what he has actually done in his will. If there is no provision for his ex-girlfriend, and everything is in fact left to Geraldine, an inheritance dispute may be around the corner. The little known Inheritance (Provision for Family and Dependents) Act 1975 enables certain people to challenge a will on the grounds that it is simply not fair, and those who qualify to make a claim can ask a court to award them ‘reasonable financial provision’ from the estate. Therefore, Geraldine’s troubles may be much worse than she first thought.
A case like this provides a stark reminder of the practical difficulty that can follow bereavement. Sadly, this is but one example of countless problems that can arise in the absence of proper estate planning. So take note, we must all put our affairs in order for the sake of our loved ones and dependants. That includes making or reviewing your will with the assistance of professional advice, to ensure that adequate provision is made (and if necessary, instantly available), for those who need it.
At Howells we have experts who can advise you on all aspects of pre-death estate planning, such as will making, and post-death estate administration and disputes.
Article written by Laith Khatib, a Solicitor in our Wills, Probate & Asset Management team in our Cardiff Office.
