What Downton Abbey can teach us about dying without a will

Where there's a will, there's a way.

Downton Abbey devotees and law students alike must have heaved a collective sigh of relief with the return to our screens of that compulsive lesson in legal history, cunningly disguised as a period costume drama.

Those who have not been drawn into the mystery and intrigue of the occupants of Downton Abbey, who seem to have suffered more communal misfortune than one would reasonably expect of an extended family (but no doubt a requirement for the television ratings), can stop reading now.

All others, take note for our first tutorial, of the references to the outdated (even then) but shortly to be amended laws on intestacy (Matthew failed to make a will) resulting in Lady Mary’s diminished share in the estate and looming spectre of heavy death duties.

While death at an early age is always tragic and as was observed of Matthew, he anticipated being around for many years thence, what happens on intestacy generally seems to come as something of a shock.

The rules, which determine the distribution on a person’s death of any of his or her property not governed by a valid will, are largely contained in the Administration of Estates Act 1925 (spookily coinciding roughly with the current Downton period - will Lord Grantham vote on it in the House of Lords?) and the Intestates’ Estates Act 1952.

By and large these have not kept pace with the requirements or expectations of modern family life. Back in 2009 the Law Commission published a consultation paper on various aspects of the rules, some of which have been included in the Inheritance and Trustees’ Powers Bill 2013 which is working its way through the House of Lords as I write.

Under the current provisions, however, in the absence of a valid will by Matthew, because his estate is likely to have been valued at more than £250,000 and he was survived by a wife and child, Lady Mary's entitlement today would still be limited. She could claim for herself a statutory legacy of £250,000 and all of Matthew's personal chattels.

The balance of Matthew's estate would then be divided in two with Lady Mary receiving a life interest (ie income only) in one half of the estate. The gorgeous George would be entitled to the other half of the estate on statutory trusts and the half of the estate in which his mother has a life interest, on her death.

This was probably not the result she and Matthew (or indeed Lord Grantham) were hoping to achieve by virtue of their collective and cumulative efforts in the previous three series. Do note, however, that in certain circumstances, the provisions of intestacy can be varied in the same way as one can vary a will.

However, in my experience what is sometimes more surprising for clients is not necessarily the effects of intestacy but the fact that despite having gone to the trouble of officially anticipating one’s demise and providing for it (as far as one's property is concerned) in a considered manner, one can find oneself inadvertently rendered intestate.

For example, if a testator divorces (or ends a civil partnership) his will takes effect as if his former spouse or civil partner had died before him, subject to express contrary intention. Similarly, marriage revokes a will unless it was drafted expressly in contemplation of the said nuptials. Of course, as a solicitor, Matthew should have known this, but perhaps he took too great a heed of the adage 'A solicitor who acts for himself has a fool for a client.'

Other topics for discussion in future tutorials might be the content of Nanny West’s employment contract (did she breach a condition that both charges should be treated equally?), the grounds for divorce in other jurisdictions or the extent to which the estate could qualify for agricultural, business or even heritage property for inheritance taxes. Who ever thought Downton was an education?

Sophie Mazzier is counsel at City private wealth law firm Maurice Turnor Gardner LLP

This piece first appeared on Spear's Magazine

Photograph: Getty Images

This is a story from the team at Spears magazine.

Show Hide image

Commons Confidential: Smith, selfies and pushy sons

All the best gossip from party conference, including why Dennis Skinner is now the MP for Selfie Central.

Owen Smith discovered the hard way at the Labour party conference in Liverpool that one moment you’re a contender and the next you’re a nobody. The party booked a luxurious suite at the plush Pullman Hotel for Candidate Smith before the leadership result. He was required to return the key card the day after Jeremy Corbyn’s second coming. On the upside, Smith no longer had to watch his defeat replayed endlessly on the apartment’s giant  flat-screen TV.

The Labour back-room boffin Patrick Heneghan, the party’s executive director of elections, had good cause to be startled when a TV crew pounced on him to demand an interview. The human submarine rarely surfaces in public and anonymity is his calling card. It turns out that the bespectacled Heneghan was mistaken for Owen Smith – a risky likeness when vengeful Corbynistas are on rampage. There’s no evidence of Smith being mistaken for Heneghan, though. Yet.

Members of Labour’s governing National Executive Committee are discovering new passions to pass the time during interminable meetings, as the Mods and the Corbs battle over each line of every decision. The shadow cabinet attack dog Jon “Sparkle” Ashworth, son of a casino croupier and a bunny girl, whiles away the hours by reading the poetry of Walt Whitman and W B Yeats on his iPad. Sparkle has learned that, to echo Whitman, to be with those he likes is enough.

I discovered Theresa May’s bit of rough – the grizzled Tory chairman, Patrick McLoughlin, a former Derbyshire coal miner – does his gardening in steel-toecapped wellies stamped “NCB” from his time down the pit thirty years ago. He’ll need his industrial footwear in Birmingham to kick around Tories revolting over grammar schools and Brexit.

Another ex-miner, Dennis Skinner, was the MP for Selfie Central in Liverpool, where a snap with the Beast of Bolsover was a popular memento. Alas, no cameras captured him in the Commons library demonstrating the contorted technique of speed-walkers. His father once inquired, “Why tha’ waddling tha’ bloody arse?” in Skinner’s younger days, when he’d top 7mph. Observers didn’t dare.

The Northern Poorhouse minister Andrew Percy moans that he’s been allocated a broom cupboard masquerading as an office in the old part of parliament. My snout claims that Precious Percy grumbled: “It’s so small, my human rights are violated.” Funny how the only “rights” many Tories shout about are their own.

The son of a very prominent Labour figure was caught trying to smuggle friends without passes into the secure conference zone in Liverpool. “Don’t you know who I am?” The cop didn’t, but he does now.

Kevin Maguire is the associate editor (politics) of the Daily Mirror

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 29 September 2016 issue of the New Statesman, May’s new Tories