You're Never Too Young To Write A Will

Making a Will, like clearing out the loft or getting to the bottom of the ironing basket, is one of those things that many people never quite get around to doing

But unlike the latter two matters, not proactively putting your personal affairs in order can have long-term, difficult consequences for the loved ones that you leave behind when you pass away. The need to make a Will tends to come into sharper focus as we get older, and healthy people in their thirties and forties might, perfectly understandably, feel like they’ve got plenty of time to sort this out in the future.

Sadly, none of us know what the universe has in store, and the sad case of Matt Tomon provides a clear illustration of why writing a will sooner rather than later is a good idea for all of us.

Mr Tomon was a very successful 38 year-old entrepreneur with two young sons from his first marriage. He had remained on good terms with his ex-wife Louisa Simonetta after their divorce and continued to support and stay close to his children.

He had remarried and appeared to be in good health, but in 2016, he died unexpectedly without leaving a Will, and so his second wife, Ruby LovellTomon, received the whole of his estate, which was worth in excess of £5.2m.

This situation led Louisa Simonetta raising a challenge on behalf of herself and her two sons, which resulted in a lengthy and costly process that eventually led to a recent High Court decision on how Mr Tomon’s wealth should be divided.

The Court heard that Mr Tomon and his first wife began a relationship around 2003 and started an IT company in 2005. They married in 2007 and had two sons, with Ms Simonetta staying at home to bring up the family. In 2013, they divorced and Mr Tomon shortly after married his second wife Ruby Lovell-Tomon.

Mr Tomon’s IT company was sold for £5.2m shortly before his death and the proceeds were placed in Mrs Lovell-Tomon’s bank account.

She argued the money was an outright gift to her, but Ms Simonetta’s claim was that Mr Tomon had promised to buy her a “massive amazing house,” to pay for his sons to be privately educated and to maintain his sons and Ms Simonetta while she retrained as a teacher.

However, by the time of his death, he had not yet bought the promised house and his second wife was left in possession of most of his estate.

A settlement was eventually agreed between the two sides whereby the sons would receive £950,000 between them and their mother was awarded cash and property worth almost £1m.

The Judge thought this a “reasonable and sensible compromise” of the case which prevented any protracted litigation, but noted that “such is one of the consequences of failing to make provision in the form of a Will or otherwise for your family…. the reality would be months, extending into years no doubt, of litigation.”

In this case, a negotiated settlement was reached without full Court proceedings, but significant costs will still have been incurred, together with a great deal of uncertainty and anxiety for everyone involved – and all of it could have been avoided if a Will had been prepared.

It is a timely reminder that no one is ever too young to write a Will, so that their affairs are in order should the worst happen and that their wishes for how their loved ones are looked after are clear to everyone.