cycling in the rain

Mycycling blog

On Wednesday morning 18/04/12  I set off to join the U3A Sociable Cycling  ride which had been planned along part of the Calder Valley Greenway. We had been looking forward to the ride which had been postponed before due to an unseasonal fall of snow, but unfortunately on Wednesday, the day dawned wet and miserable. With glass half full enthusiasm we decided to risk it in the hope that the weather would clear up as has happened before. It didn’t and we got very wet.

The Calder Valley Greenway is a signed mainly traffic free 14 km/9 mile route between Huddersfield and Dewsbury town centres. It has been developed by Kirklees council  in partnership with others to promote the district as a beacon for green living. It is part of a planned network of greenspaces used for recreation, sustainable transport, wildlife habitat and flood storage capacity. It aims to connect people and local communities with places of work leisure and other centres along the Greenway and other paths. It is partly lottery funded. A leaflet has been produced in corporation with Sustrans and the National Cycle Network and can be found at www.sustrans.org.uk/assetts/files/leaflets/calder-valley

Much of the route is surprisingly rural passing through a pleasant wooded and agricultural landscape. It is undulating in parts but mainly flat and smooth.

We rode part of the way  along the Calder Hebble canal which we joined just after Mirfield.  This was a very pretty part of the route, if a little bumpy but when we got to the other end found that we should not have been cycling along there at all as we left the towpath there was a “no cycling” sign fixed to the gate. It is strange that some parts of the canal network allow cyclists and positively welcome them and others forbid it.

I decided to research this for this blog and logged onto the British Waterways site known as Waterscape. Apparently before cycling on towpaths owned by British Waterways you will need to obtain a free cycle permit as the towpath is not a public right of way and technically you can be banned from it if you misbehave! However for some reason you are not required to hold a cycle permit in Scotland or London.  I am now the proud owner of a downloaded free cycle permit and have agreed to abide by the Towpath Code of Conduct which basically requires you to cycle safely. There are apparently some sections of the towpath which are closed to cyclists and there is a great deal of confusion as in some areas you will see a sign saying the cycle path ends and then another clearly showing that you are permitted. I recall that last summer our cycling group was told off and no doubt earned the reputation of saga louts, for cycling along the promenade at Grange over sands, although that is clearly marked as a cycling network route.

We than rode along part of the Spen valley cycleway along route 66. Route 66 offers walkers and cyclists a traffic free easy going route through the outstanding scenery of the Calder Valley.

A warm welcome was found at the Leggers pub in the Dewsbury basin a traditional pub with a good range of beers and simple cheap pub food. The bar staff did not worry about us dripping all over the floor and there was a wood burning stove to steam in front of and to attempt to dry off sopping gloves and hats.  After a very pleasant hour or so and a comment that we had better get going before it stopped raining to spoil our fun,  we were out in the cold and wet again. Cycling through Dewsbury town centre to join the cycleway towards Mirfield and onwards in the driving rain back to Huddersfield.

It is important when cycling on wet and dismal days to wear fluorescent clothing. A cyclist should ride with confidence and make sure that drivers see you. Drivers are often looking for cars and trucks not cyclists. The brighter your clothing the more visible you are. At night and in poor light it is better to wear reflective clothing and lights should be fitted to the bike. Low visibility of cyclists is a major contributor to crash related injury. Cyclists wearing fluorescent clothing at night may be at particular risk if they incorrectly believe themselves to be conspicuous to drivers in the dark. The danger is ofcourse that if you think you can easily be seen you might make decisions that you would not be making if you knew that you were hard to see,  putting yourself in a hazardous situation.

I have acted for cyclists who were knocked from their bikes whilst riding in poor light sometimes they are partly at fault because they simply are not visible enough and this can contribute to the accident.  In cases such as these the courts can reduce a valid claim for damages on the grounds of contributory negligence. It is important therefore to stay safe and be seen. And preferably dry!

the U3A cycling group in action

Recently,  I joined my local U3A cycling group aka Sociable Cycling for the start of our cycling season.

 We meet up once a week on a Wednesday (I am lucky enough to work part time) as soon as the clocks gain an hour until they lose it again, and cycle a pre planned route taking us along country lanes, cycle tracks, sometimes along busy roads and occasionally through towns. We see many interesting sights along the way and ride through some truly spectacular countryside. We also enjoy a sociable lunch break at the sort of pubs or cafes you would recommend to others and look forward to revisiting.

Our first Spring ride on Wednesday 28^th March was met with unseasonably warm and sunny weather, this adding to the enjoyment of being out in the fresh air. The ride by most serious cyclists’ standards was not a long one and mainly flat. About 20 miles along the canal from Southowram to Hebden Bridge with a short detour through Sowerby Bridge and  past Mythomroyd station. This was our warming up ride and they would become increasingly more challenging as the weeks passed.

There were 11 of us all over 50 years old, a few over 70! some having taken up cycling again in their Autumn years, some having cycled competitively all their lives and wanting at this stage to slow down a bit. We are all concerned about safety and aim to cycle with consideration to other road users, making sure that we remain focussed and using the  trademark call of the cyclist “car up (your bottom”) (there is a car approaching from the rear) or “car down (your throat”)( A car is coming towards us),  whenever we need to change from riding double breasted to single file.

 Most of the time we find that motor vehicles are appreciative of this and usually give us a wide berth. There has however recently been several serious accidents between cyclists and motor vehicles which has prompted an increased awareness that unfortunately accidents are far too common.

It is a good idea to have insurance for those occasions when accidents do happen. A lot of cyclists unfortunately are not insured and if you are injured or you injure someone else this could prove costly. You do not need to use the insurer’s panel solicitor if you need to make a claim against a third party, you can always have the choice of contacting your own local legal advisor. When riding in a group the group leader needs to be protected against claims from the general public or even members of the group.

Although the canal tow path does not carry the hazards of busy roads it has its own problems. Sometimes it can be quite muddy and care should be taken that you look where you are going or you could be sliding your way towards the water. Quite obvious really but when you are cycling along enjoying the scenery it is sometimes easy to forget that the bike is not driving itself! One of our group out on his first ride was so enthralled with the view that he found himself with his front wheel dangling over the canal before he woke up to the fact!

 A bicycle bell is an essential piece of equipment and it is recommended that you should ring your bell twice when coming up behind walkers or slower cyclers. You may not realise it unless you have walked along a canal tow path but bikes are almost silent as they travel along and I have seen many a walker be taken by surprise, by a cyclist whipping past, and overbalancing, on one occasion with arms flailing ending up in the canal..

Care should also be taken when cycling through a canal tunnel particularly if there is a bend in the route. If you do not ring your bell as you hurtle into the darkness you can be surprised by another cyclist coming the other way, as in fact one or our group found a few years ago. He and his bike ended up in the canal.

At this time of the year the canal is extremely cold and add this to the indignity of having to cycle home dripping wet with weed and mud hanging from your recently fettled  Cannondale road bike does not make for a pleasant day out. That is not to forget or underplay the risk of drowning.

One of the canal maintenance crew said to us the other day “Please don’t fall in as I’ll have to fill in a lot of paperwork”

Take care also of nesting birds on the sides of the tow path especially the swans as they can be quite vicious at this time of year as a kayaker paddling on the Grand Union Canal in Northamptonshire found out the other day. A swan can apparently break a man’s arm but in any event you don’t want a bird standing at 4 ft with an 8ft wingspan landing on your head and bringing you off your bike.

The brightly painted barges resting along the canal signalled that we had arrived at Hebden Bridge. Cycling past Marge’s Barge and over the bridge a little further along the tow path brought us to the Stubbins Wharfe public house which fortunately had tables outside on the canal side. The Stubbins Wharfe is a traditional family and dog friendly pub on the west side of Hebden Bridge famous for their fantastic food and extensive range of traditional ales beers and ciders. Consequently we passed a very pleasant hour sitting in the sunshine with a drink and a variety of bar meals, sandwiches, panninis and baquettes with an extensive choice of fillings, smoked salmon and dill mayonnaise, bacon brie and cranberry, and mozzarella pesto and tomato to name but a few,  accompanied by fat chips and a dressed side salad.

We had planned to cycle back to Southowram via the village of Sowerby on the hillside but the thought of the extremely steep road up there put us off after such a pleasant lunch so we opted to cycle back though the park at Hebden Bridge where we saw some young men attempting tightrope walking on a tape strung between two trees. (did they do a risk assessment that’s what I wanted to know!) and back along the canal  at a leisurely pace. (Next week will be a lot harder I am sure!)

Mary’s injuries inspired The Times’s “Cities fit for cycling” campaign which is expected to be approved by Leeds City Council this week.  The newspaper has presented an 8 point manifesto for our cities to be made fit for cyclists:

1. Lorries entering city centres should be required by law to fit sensors, audible turning alarms, extra mirrors and safety bars to stop cyclists being thrown under the wheels.
2. The 500 most dangerous road junctions must be identified redesigned or fitted with priority traffic lights for cyclists and Trixi mirrors that allow lorry drivers to see cyclists on their near side.
3. A national audit cycling should be set up to find out how many people cycle and how they are killed or injured should be held to underpin effective cycle safety
4. The Highways Agency should earmark 2% of its budget for next generation cycle routes providing £100 million a year towards world-class cycling infrastructure. Cities should be graded on the quality of cycling provision.
5. The training of cyclists and drivers must improve and cycle safety should become a core part of the driving test
6. The default speed limit in residential areas where there are no cycle lanes should be  20 mph
7. Businesses should be invited to sponsor cycleways and cycling super-highways, mirroring the Barclays backed bicycle hire scheme in London.
8. Every city, even those without an elected mayor should appoint a cycling commissioner to push home reforms

Personal injury lawyer Janet Watson, a keen social cyclist is a supporter of the campaign:

“Cycling accidents are now at a worrying level.  A combination of more cars on the road, and an increase in the popularity of cycling is causing a crisis situation. “

She goes on to say “ I deal with many claims for cyclists who have been injured and am appalled by the lack of care shown by drivers towards the often vulnerable cyclist.  It is quite common for drivers to come straight out of side roads into the path of a cyclist.”

Janet admits “Cyclists are not always without fault and sometimes wobble around the road oblivious of the other road users, ride along the pavement, skip red lights and dart up one way streets.  I think that it’s vital that the training of cyclists and drivers must improve and cycle safety should become a core part of the driving test.”

Martin Gibbs, Policy and Legal affairs director of British Cycling wants to encourage people to cycle  “It is difficult to promote safer cycling if people have been hearing how dangerous it is.“

Janet agrees:  “the more people cycle , the safer it becomes. The benefits to the environment, the economy and to health are tremendous. As a cyclist and a member of a University of the 3^rd age cycling group I can see first hand the benefits of spending time in the saddle.”

On 21^st March George Osborne confirmed that Transport for London will receive £15 million to improve cycle safety at junctions across London. It’s a start – but the campaign, with the hashtag #cyclesafe on the social media platform Twitter needs to continue to ensure that the rest of the UK is not forgotten.

Janet Watson is a senior legal executive with Ridley and Hall solicitors in Huddersfield. For free, friendly advice on accident claims she can be contacted on 01484 538421 or by visiting www.ridleyandhall.co.uk

At a time when controversy is raging about same sex marriage, this proposal is receiving little attention – but it is just as much a sign of a shift in our cultural attitudes. The Law Commission held a lengthy public consultation before drafting its recommendations and also conducted a survey or public attitudes towards inheritance.  It found that the existing legislation is “outdated, confusing or places unnecessary obstacles in the way of those with a valid claim to share in a deceased’s person’s assets”.

The Commission recommends that cohabitants who have lived together for a continuous period of five years should have the same entitlement as a spouse. Those who have lived with each other for two years and have had a child together should also inherit as if they were married.

Up to half of those dying in England and Wales each year do not leave a valid Will, i.e. they die intestate.  Currently an unmarried partner will not inherit anything at all if their partner dies intestate.

What this means is that a couple who have children and are unmarried may face a deeply traumatic situation if one of them dies.  The deceased’s partner’s estate will pass directly to his or her children.  Their surviving partner, in order to gain a share of the estate, has to make an application under the Inheritance (Provision for Family and Dependents) Act 1975.  An application can be made on the basis that the estate does not make ‘reasonable financial provision’ for the applicant. In many cases the court’s approach has been to treat applications from cohabitants very nearly as generously as those from spouses, in terms of granting financial provision from the deceased’s partner’s estate.  But the fact of the matter is that cohabitants must litigate in order to be awarded any provision and they will have to sue his or her own children in order to bring the claim.

Generally the claim must be brought within 6 months of the date of probate being granted and this can put a huge amount of pressure on a bereaved partner, at what is often the most stressful period of their life.  Of course bringing an application to court under the Inheritance Act also involves incurring legal costs – because every family’s circumstances are different and the amounts of money involved vary, it is often not easy to assess the value of a claim and to balance out the financial needs of all the parties involved.

If the two draft bills (the Inheritance and Trustees Powers bill and the Inheritance (Cohabitants) bill) do become law then there will have been a very important step taken towards recognising the so called common law marriage myth.   It is yet to be seen whether the transferable nil rate band for inheritance tax  - that is available to spouses only at the moment -  will also be applied to the proposal.

It could be argued that couples who choose not to marry, do so in the full and certain knowledge that they are not going to benefit from the protection that the law affords to married couples.  To impose legislation that takes away that freedom is arguably an interference with that freedom.

On the other hand, we rarely enter into relationships considering what might happen if we die or our circumstances change; as evidenced by the fact that so few of us make a Will. To change the law to alleviate distress and financial hardship to cohabitants must surely be a social good.

If you are seeking to bring or defend an inheritance dispute Sarah Young, Partner at Ridley & Hall is a member of both Solicitors for the Elderly and The Association of Contentious Trust and Probate Specialists (ACTAPS) and can offer sensitive, practical advice on the often complex issues that can arise. Call Sarah Young on 01484 538421 or visit www.ridleyandhall.co.uk

Managing Partner Adam Fletcher commented “Ridley & Hall acknowledge the importance of recruiting the right calibre of solicitors and it became clear during Nosheen and Rebecca’s training contracts that they had a clear focus on client service and would complement the experienced teams which they are joining”.

Nosheen has a keen ability for engaging proactively with her clients. She is practical and efficient whilst remaining warm and compassionate making her well suited to the Wills team. Nosheen has gone on to form close relationships with a broad range of clients and establish links with local community groups.

Rebecca represents vulnerable clients in relation to obtaining services from local authorities such as appropriate placements, direct payments, help for carers and adaptations to the home. Rebecca is experienced in judicial review challenging local authorities and in Court of Protection proceedings.

For further information about Ridley & Hall Solicitors please visit www.ridleyandhall.co.uk or call 01484 538421

Adam has previously been a partner at Hartley & Worstenholme, based in Pontefract and Castleford. He has project managed the launch of two major services whilst at Ridley & Hall; Elderflower and Grandparents Legal Centre. Elderflower (www.elderfloweradvice.co.uk), which launched in June 2011, is a collaborative service which provides specialist legal, financial and bereavement advice to those at or approaching retirement age. It brings together solicitors, financial advisors and bereavement counsellors to offer a wide-range of services. In October 2011 the firm launched the Grandparents Legal Centre (www.grandparentslegalcentre.co.uk). The Centre provides specialist legal advice to grandparents who need to be represented in Court Proceedings about their grandchildren or who want to challenge a local authority for support. He was instrumental in Ridley & Hall becoming one of the first firms in the country to gain accreditation in the Law Society’s conveyancing scheme (CQS) which meets the highest possible standards for the residential conveyancing process. He also headed up the firm’s successful bid in gaining Legal 500 status for the Family and Private Client departments in 2011.

Adam commented “I am proud to take on the role of leading this firm, which has already accomplished so much and I look forward to building upon and developing the quality of service our clients have come to expect. I’m fortunate that I have the opportunity to be working with a great team who have a passion for the work they do.  There are difficult times ahead for high street law firms, with huge legal aid cutbacks and the introduction of ‘Tesco Law’ – but I’m looking forward to the challenge and I think that Huddersfield has a vibrant business environment. I have very much enjoyed meeting new clients in the Huddersfield area whilst continuing to support my long-standing clients across Yorkshire and in London.”

For further information about Ridley & Hall Solicitors Huddersfield please vist www.ridleyandhall.co.uk

Emma Serjeant is based at Ramsdens head office, and has overall responsibility for the management of risk for the firm and ensuring regulatory compliance across the firm’s network of eight offices around Kirklees and Calderdale, which also includes offices in Huddersfield, Halifax, Holmfirth, Slaithwaite, Elland, Dewsbury and Mirfield.

Her position at Ramsdens is a new role within the firm’s risk management team and she will be assisting the partnership with their program of continuous risk management and regulatory compliance.

Emma joined Ramsdens in 2005 as part of the litigation team acting for individuals and companies in civil and commercial disputes and was recently appointed as Head of Risk and Compliance.

Commenting on Emma’s appointment, managing partner of Ramsdens, Paul Joyce, said: “Emma’s contribution to our existing corporate risk function will help assist the firm’s risk strategy and compliance procedures and strengthen our focus on the quality of service provided to clients”

Emma comments: “I am delighted to be joining the risk management team in this pivotal role for the firm and very much looking forward to building upon the current risk and compliance strategy to ensure professional service with best practice in mind.”

For further information about Ramsdens Solicitors, please visit www.ramsdens.co.uk or call 01484 821 500

In the meantime both drivers and cyclists have a duty to take care. As a personal injury lawyer I deal with a lot of injured cyclists and am often appalled by the way the accident has occurred, when it could easily be avoided.  It is quite common for drivers to come straight out of side roads into the path of a cyclist as they were looking only for motor vehicles. Some cyclists travel quite fast and it is important to be vigilant and the adage “think bike” should not just apply to motorcycles.

I have dealt with another case where  the car was simply travelling too fast for the conditions. It slammed into the rear of a cyclist, propelling him into the air in an arc, crashing down onto the bonnet and hitting the ground at speed. Cyclists have been pushed into hedges or walls by road rage drivers stuck behind a slow rider  - and on one occasion a motorist knocked a cyclist from his bike and then ran over his foot as he lay on the ground. Unfortunately none of the proposed schemes for making our cities safer for cyclists will help in these types of accidents or where there is inconsideration to other road users.

Cyclists are not always without fault and sometimes wobble around the road oblivious of the other road users, ride along the pavement, skip red lights and dart up one way streets.  I agree with the Times suggestion that the training of cyclists and drivers must improve and cycle safety should become a core part of the driving test.

Another proposal is that the Highways agency should earmark 2% of its budget for next generation cycle routes towards building a world class cycling infrastructure with facilities and cycle lanes which would encourage large numbers of drivers to leave the car at home and ride to work. However, as Martin Gibbs from British cycling stated recently “It is difficult to promote safer cycling if people have been hearing how dangerous it is “  Being a pedestrian is also very dangerous but this does not usually stop people going out. It is generally thought that the more people cycle the safer it becomes.

It must be good that more and more people are cycling. The benefits to the  environment, the economy and to health are tremendous. As a cyclist myself  being a member of a University of the 3^rd age cycling group I can see first hand the benefits of spending time in the saddle and as one cyclist  put it “If cycling were discovered today, it would be a cure”

We must all hope that the Times campaign is successful in the long term and when all the enthusiasm has died down we should continue to support its aims until they are achieved.

Janet Watson, Legal Executive – Ridley and Hall Solicitors. For further information, please visit www.ridleyandhall.co.uk or call 01484 538421

The Government wants to put an end to such thinking. It has just published its ‘Response to the Family Justice Review’. It is determined to make clear that there will be a legal right for the children to have a relationship with both parents after divorce or separation and ensure that more children from separated families enjoy close relationships with both their parents.

In respect of shared parenting the government considers there is a need to clarify and restore public confidence that the courts recognise the joint nature of parenting. It will therefore legislate to emphasise the importance of children having an ongoing relationship with both their parents after family separation, where that is safe, and in the child’s best interests.

Meena Kumari Head of Family Law at Ridley and Hall Solicitors commented:

“Parental separation leads to thousands of children losing meaningful contact with a non resident parent who once was an integral part of the family unit involved in all aspects of the child’s welfare and development.

“The rules will make it much clearer that it is vital for children to have ongoing relationships with both parents unless there are concerns about the parent’s behaviour affecting the child’s welfare.

The changes are part of an overhaul of family law where a presumption of shared parenting will give stronger rights for parents to see their children and provide recognition of equal parenting which is currently absent in the law.

The Government intends that this change will provide loving absent parents with a greater and stronger position of contact with their children after separation rather than relying on Court or the other parent to determine their contact and access. Some commentators are concerned that similar legislation introduced in Australia in 2006 had a negative effect in encouraging more litigation between parents”.

The change in law however will not guarantee equal access as sought by many family rights campaigners.

Can legislation solve the often bitter disputes over residence and contact? Only time will tell.”

For further information and advice about family law issues, please contact Meena Kumari at Ridley & Hall Solicitors, Queens House, 35 Market Street, Huddersfield, HD1 2HL, Tel: 01484 538421 or visit www.ridleyandhall.co.uk

 Inheriting from parents can be an issue that is tied up with our sense of how much we were loved and valued.  It is especially hard for adult children if they feel that their parent’s death has caused a situation that their parent did not actually foresee – or would not have wanted to happen.

Often disputes arise because a parent has failed to make a Will (this is called intestacy). Sometimes a Will has been made, but perhaps a long time ago, or at a time when the deceased felt under pressure or was unwell.

Generally speaking inheritance disputes involving adult children follow one or more of three possible legal routes:- 

1. Inheritance Act 1975.
2. Contentious probate.
3. Proprietary estoppel.

 The Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance Act provides that adult children (as well as other close relatives) can apply for provision from the estate of a parent whether a Will has been made or not. The Court must have regard to what are called the section 3 factors: - 

1. The financial resources and needs of the applicant.
2. The financial resources and needs of any other applicant.
3. The financial resources and needs of the beneficiaries.
4. Any obligations and responsibilities of the deceased towards any applicant and any beneficiary.
5. The size and nature of the estate of the deceased.
6. Any physical or mental disability of any applicant or beneficiary.
7. Any other matter, including conduct, which the court may consider relevant. 

It is not always easy to predict whether a claim will be successful or not as every case depends on the facts of the case.   Cases decided by judges over the years give solicitors an indication of what factors influence them in reaching their decisions. Judges are likely to find in favour of adult children in Inheritance Act cases where: 

• the estate is reasonably large,
• there is no other applicant who has any particular financial needs and
• the applicant is in low paid employment and will have financial needs in the future.   

Applicants may still gain the Court’s sympathy even where there has been an estrangement with the deceased parent and/or when their lifestyle choices have put them in a position of financial need. The case of Ilott v Mitson is a recent striking example.  In this case Heather Ilot, who had 5 children and was living on benefits, successfully challenged her late mother’s Will and was awarded £50,000 (which represented 10% of the value of the estate).  Heather’s mother Melita Jackson made a Will leaving nearly all her estate to a group of charities.  She left a Letter of Wishes with her Will to her executors foreseeing the possibility that it might be challenged by Heather.  In the letter she said “My daughter left me on Sunday 19^th February 1978 when she was only 17 years of age … I have only seen my daughter twice since she left home … because my daughter left me without any explanation and has made no effort to reconcile with me I feel as though I have no moral or financial obligation to provide for her.” 

The deceased’s wishes were therefore extremely clear.   Some commentators vehemently disagree with this judgment and are concerned that the principle that you can leave your estate to whomever you like has been severely undermined by the decision. Others take the view that the law simply provides a mechanism to balance an applicant’s needs against those of any other beneficiaries, and that it is not for the Court to make moral judgments. 

That said, if the applicant has failed to make any effort to achieve reconciliation, this is certainly a factor that the court can take into account and indeed this was a decisive factor in the case of Garland v Morris in 2007 where there was a complete estrangement for the last 15 years of the life of the deceased; the adult daughter failed in her claim under the Act. 

Contentious Probate 

A Will can be challenged if it can be proved that the Will is not valid. Often this situation arises when the person who made the Will (the testator) did not actually know what they were doing i.e. they lacked mental capacity. Another argument is that the testator was forced to make their Will (undue influence).  Very rarely it may be argued that a Will is in fact a forgery.  

Contentious probate cases are relatively unusual because the legal costs involved in pursuing them can be very high, usually in excess of £20,000.00 per party. Also they can be very difficult cases to argue because the court requires, understandably, very strong evidence before overturning a Will because it is the last known expression of the deceased’s wishes. 

The court must be satisfied on the balance of probabilities (ie more than 50%) that the Will was not valid. It can be very difficult to obtain evidence as often the testator was elderly or isolated. 

Proprietary Estoppel 

This is a legal principle that, in essence, if someone makes a promise to you and you rely on that promise to your detriment, then if the person making the promise does not keep their side of the bargain you may be able to bring a claim against them (or their estate if they have died). 

An interesting case which combined all three of the arguments above is that of Gill v RSPCA. Dr Gill was the only child of the family and had expected to inherit her parents’ combined estates valued at more than £2 million and consisting mainly of 287 acre farm near Northallerton, North Yorkshire. Dr Gill’s father died and then subsequently her mother.  She discovered that her parents’ Wills each contained a clause declaring that no provision had been made for her because she had been “well provided for … over a long period of time”.  

Dr Gill initially brought a claim under the Inheritance Act 1975 but by the time the claim came to trial she claimed that her mother’s Will should be set aside either because she did not know or approve of its contents (which left everything to charity) and/or in executing the Will her mother had been the victim of her husband’s undue influence.  Dr Gill also claimed that she should inherit because of proprietary estoppel. At trial the Judge accepted that Mrs Gill was coerced into executing a Will by her husband and as a result of that finding, the Will was set aside which left the whole estate to Dr Gill under the rules of intestacy.  The Judge went on to say that even if he had not found in favour of Dr Gill on that ground she would have been entitled to receive the farm on the basis of her proprietary estoppel claim.  She had argued that she had been led to believe by both her parents that she would inherit the farm on their death. She and her husband had worked unpaid on the farm over many years and she did not pursue promotion in her work as a university lecturer on the basis of that promise.

Summary

 Adult children who are involved in inheritance disputes have a number of options which need to be carefully explored at the outset.  The cases that come to court are a reminder that anyone making a Will needs to get good legal advice if they want to prevent disputes post death.  Jill Waddington and Sue Cash at Ridley & Hall are members of Solicitors for the Elderly and their expertise means that they can give advice that can help to avoid post death disputes.  

If, as an adult child you are seeking to bring or defend an inheritance dispute  Ridley & Hall can offer sensitive, practical advice on the often complex issues that can arise.