At the heart of this discussion is the story of Al-Hasib Mian Muhammad Abdullah al-Mahmood, a man who spent the latter part of their life in the UK, originating from Bangladesh. This case has been a focal point due to its unique circumstances and the substantial estate involved, valued at approximately £3 million, comprising properties, land, investments, and cash.
Before passing away in 2020 at the age of 82, Al-Mahmood made a significant decision that would alter the disposition of his estate.
Originally, the estate was to be left to family members living in America, as per his will drafted in 2015. However, Al-Mahmood’s evolving relationship with a newer confidante, Masudur Rahman, led to a dramatic last-minute change.
Text Messages As Last-Minute Amendments To Wills
On the eve of his passing, Al-Mahmood sent a text message to his will writer stating a clear intention to leave everything to Rahman, effectively revoking all previous wills. Another message to a family friend reinforced this decision, marking Rahman as the sole beneficiary.
These text messages, sent at such a critical time, are pivotal because they challenge our traditional understanding of how wills are amended legally.
Legal Considerations & The High Court’s Ruling
Under usual circumstances, wills require a formal procedure to be considered valid: they must be written and signed by the person making the will (testator), and this signature must be witnessed by at least two people.
However, Judge Paul Matthews, sitting in the High Court, found that the text messages sent by Al-Mahmood constituted valid gifts made in contemplation of death, commonly known as “donatio mortis causa”.
This ruling acknowledges that, in certain urgent and exceptional circumstances, even a text can suffice to convey the testator’s last wishes.
Implications For Will Writing And Dispute Resolution
This case underscores the importance of understanding both the flexibility and the risks involved in the process of will amendment. It is a good example of how modern communication methods like text messages can be legally significant, especially when traditional methods of amending a will cannot be completed in time.
For our contentious probate team, this case reinforces how important it is to anticipate the challenges that might arise from the interplay of technology and traditional legal procedures.
Inheritance disputes can be taxing, both financially and emotionally. Last-minute changes like the one made by Al-Mahmood are likely to lead to such claims.
If this change leaves out a spouse, civil partner, or other family member, they have a strong case to dispute it. They could argue that undue influence or dispute your mental capacity at the time the message was sent.
If you wish to make a change to your will, discussing it with a solicitor will help you anticipate whether someone may bring a claim and plan for it.
How To Avoid Disputes Over Wills
To prevent disputes over wills, which can be emotionally draining and incur high legal costs, it is advisable to ensure wills are drafted meticulously and in accordance with legal standards. Even though the Court upheld the gift indicated by the text message in Al-Mahmood’s case, relying on such informal methods can often lead to uncertainty and disputes.
- Professional Guidance: Consulting with a solicitor to draft or amend a will can safeguard against potential oversights and ensure all legal bases are covered.
- Clear Communication: Regularly updating your will to reflect current wishes can prevent misunderstandings and reduce the likelihood of disputes among potential beneficiaries.
- Understanding Legal Rights: Beneficiaries and those considering in contesting a will should be aware of their rights under the Inheritance Act 1975, which allows for claims of reasonable financial provision under certain conditions.
Conclusion
Al-Mahmood’s case is an important reminder of the evolving nature of law and personal relationships. Court proceedings will have been costly and the outcome uncertain until judgment was handed down.
It highlights the need for both adaptability and caution in the management of one’s final wishes.
Our team remains dedicated to providing credible, effective, professional advice that aligns with our clients’ individual situations and ensures their intentions are respected and upheld.
Consultant Solicitor, John Gorner, writes:
“Clients should not be fooled into thinking it is easy to change a will by text message. The newspaper headlines for this case may mislead the unwitting. This is a complex area of the laws, and specialist advice is vital.”
Daniel Stern, Head of Property Litigation, says:
“I see this as another example of the importance of will drafting solicitors working closely with colleagues in their will dispute teams to do everything possible to head off possible claims against estates. This will reduce the chances of potentially crippling impact of legal costs when the estate comes to be administered.”
For anyone considering changes to their will or facing potential will disputes, we recommend contacting Daniel, John or anyone else in their team at the earliest opportunity. Together, we can navigate these complex issues with a collaborative and thoughtful approach, ensuring peace of mind and the best possible outcomes for all involved.
Get in touch with our team using our online contact form, or by calling us on 0330 111 3131.