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Stepbrother dispute 'highlights importance of making a will'


Will writing 15 Dec 2010

A judge has stressed the importance of making a will following a drawn-out case of stepbrothers fighting over their parents' assets. The importance of making a will has been underlined by judges ruling on the case of stepbrothers fighting over their inheritance.

Martin Densham-Smith and Jonathan Fry spent "a great deal of money" arguing over their rights to a £500,000 estate, with senior legal officials stressing the difficulties probate can throw up if a clear and binding testament has not been written, the Telegraph reveals.

Speaking of the deceased parents, lord Justice Mummery stated: "Ideally, Denny and Laura should have gone to solicitors with instructions that led to the drafting and execution of wills recording a mutual wills agreement."

Though both individuals did make a will, the "untidy situation" sprang from evidence of a verbal contract between the two parties, which contradicted the wills made by Mrs Fry after the death of Mr Densham-Smith's father.

Mr Fry argued there was no evidence to support this and maintained his mother was not obligated to leave money to her step-son 15 years after the death of his father.

Published by Rose Orlik ADNFCR-3248-ID-800293406-ADNFCR

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