Inheritance dispute: Aristocratic family estate feud
William Seymour, Earl of Yarmouth, has taken the trustees of his family’s estate to the High Court. He has lodged an inheritance dispute, alleging that the relationship of trust and confidence between them and him, as a trust beneficiary, has broken down.
The case stems from an inheritance dispute made by the earl. He alleged that he was assured he would be able to take over the £85 million family estate on reaching the age of 30. However, this was later reneged on.
The earl claimed that his relationship with his parents soured when he decided to marry former Goldman Sachs banker Kelsey Wells, now Countess of Yarmouth. He alleges that his father told him not to marry her.
The basis for the claim
The earl asked the court to remove the family trustees, claiming they are failing to manage the estate properly. He stated that he had been told he would inherit some of the estate at the age of 30, and the trustees’ actions have prevented this. Furthermore, he states that evicting him and his wife from their home on the estate has caused them emotional trauma.
The trustees evicted him and his pregnant wife on just six days’ notice, and this resulted in her hospitalisation. Subsequently, the couple have experienced problems with the trustees failing to release funds for their two children’s school fees.
On her second wedding anniversary, the countess wrote to her father-in-law, asking, “What on any human level did I ever do to you to warrant such deliberate, sustained, and calculated vicious behaviour?”
She noted that “When it was clear and confirmed that William would marry me, there started in earnest the concerted effort to undermine, frustrate, and disrupt our relationship and our happiness.” The family booked another event the day before the wedding, which had been due to take place at the estate, causing difficulties with the preparations.
The letter also stated that on her wedding day, Lord Hertford said to his son, “When you are up there, just tell her no.” He then refused to sit by his son at the wedding breakfast.
Lord Hertford forwarded the letter to his wife with a note saying, “fyi/amusement”. His wife then passed it to their other three children, saying, “She is dying for a fight … Radio Silence is best.”
The legal claim
The earl claimed that the events meant he needed “professional help and counselling to deal with trauma as a consequence”. Lawyers representing the family trusts state that there has not been any bias. They claim that the earl caused conflict by discussing his succession and asking Lord Hertford to confirm that the ancestral home, Ragley Hall, would be handed over to the earl when he turned 30.
The barrister for the family trusts, Tim Sherwin, said, “Harry [Lord Hertford] says he was disappointed with William’s lack of achievements, and that the tipping point in their falling out was a letter from William sent on 25 July 2018 to (Lady Hertford) questioning Harry’s mental capacity.”
The earl’s barrister, Paul Burton, said: “I can’t say that the trustees did this or that and so caused the family breakdown – I can say that the trustees are a problem and have exacerbated it and fuelled it.
“This is not a family dispute.
“This is a claim against the trustees for their removal.
“That the relationship of trust and confidence between the claimant and the trustees has irretrievably broken down is beyond argument.
“There is no prospect of these outstanding matters being resolved while the trustees are in office.”
Appointing trustees
This example is a stark reminder that choosing trustees needs to be done with care.
The right trustees will look after assets in a responsible and capable way. They will follow trust guidance, and will always prioritise the beneficiaries’ best interests.
Where necessary, professional trustees can be appointed, and will generally be far less likely to have any bias. They will also have the expertise to run a trust effectively. Thus ensuring the correct filings are made with HM Revenue & Customs and that accurate accounts and other records are kept.
If you are looking to make a Will or any associated estate planning or want advice on choosing trustees, call us FREE on 0800 781 6658 or email us at enquiries@estplan.co.uk
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