The Rolling Stones banker and a question of trust. Tracy Harris reports
Post-death disputes over the provisions of wills have become an increasingly regular feature of the law reports and the press. A combination of sharp increases in real property values and a wider readiness to seek legal redress for perceived inheritance injustices has contributed to a heightened awareness of some long-available remedies. Often the legal and emotional issues are complex, as in Cox-Johnson v Cox-Johnson and Others, concerning the estate of Richard Cox-Johnson, dubbed the Rolling Stones’ banker by the press, where personal e-mails and a secret video recording proved both newsworthy and of central legal significance.
In principle, testators can leave their assets to whomever they wish, but the provisions of their will can be challenged after their death.
CHALLENGING WILLS
If the testator has testamentary capacity, their knowledge and approval of the will is usually assumed from the fact that the testator has signed and had it attested in proper form. However, if the court’s suspicion is aroused the burden of proof is on the person seeking to have the will
