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In testing times

18 June 2009 / Michael Tringham
Issue: 7374 / Categories: Features , Wills & Probate
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Michael Tringham reports on celebrity intestacy turmoil

Intestacies continue to produce much personal unhappiness, often accompanied by extraordinary legal activities. Mrs Taryn Butler, whose wealthy husband’s will was witnessed by one person only, finds herself having to sue her own young children so that they can all stay in the family’s £1.5m west-London home. While there is no doubt about who inherits, her problems are exacerbated by the children having to pay 40% inheritance tax—whereas as the testator’s widow Mrs Butler would have inherited tax-free. It has taken two years for the case to even approach a conclusion.

The family of the late Robert Dunlop, a Northern Ireland motor-cycle racer, faces a similar problem. Although he died in a high-speed crash more than a year ago, with no will found, the family remains unable to settle his estate.

The Law Commission is expected to refer to such instances in its general review of the law of intestacy. This will include the entitlements of different members of the deceased’s family, the role of the statutory

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