Paul Raymond, the porn baron who was the king of Soho and Britain's answer to Hugh Hefner, recently died at the age of 82. Since his death it has been widely reported in the press that the family is at war over his £650 million fortune, which he made through his ownership of the Raymond Revue Strip Club and from his property empire in the Soho district.
Although the details of Raymond's Will are not known, it has been reported that the porn baron has disregarded his two sons, Howard and Derry. Howard, 48, was born to Paul and his wife, dancer and choreographer Jean Bradley, but she divorced the multi-millionaire in 1974 - walking out on 25 years of marriage - due to his excessive womanising. She died in 2002.
Raymond's other son, Derry McCarthy, lives in Manchester. He was born out of wedlock to dancer Noreen O'Horan, and it's believed that he only met his father a couple of times. Howard and Derry have never spoken to each other.
Instead, it has been speculated that Raymond has left most of his fortune to his two grandchildren, aged 21 and 15. Their mum, Debbie, had been groomed to take over her father's business, but she died from a drink and drug overdose in 1992 which left Raymond heartbroken.
It's also rumoured that part of his estate has been left to his nephew, Mark Quinn, who Raymond chose to run his business ahead of his son, Howard. Mark now runs the empire, having taken over from his late father Philip Quinn, a retired GP who was drafted in to run the business when Paul became a recluse following his daughter's death.
But despite the rumours of a battle looming and Howard being estranged from his father, Howard has spoken out for the first time since his father's death to deny a family feud. Howard was cast out of the family business in the 1980s when he became addicted to cocaine, even though his older sister Debbie was indulged despite her own drug habit. But Howard was clearly back in the fold by the time of his father's death and he insists that his father fully discussed his Will with him before his death and that there are no unpleasant surprises.
"I visited my father every ten days or so for the last 12 years of his life. I loved him and he said he loved me. We had arguments just like any other father and son - the difference was ours were played out in public. Of course, he was closer to Debbie's children than mine. Their mother had died and he was worried about them, but he cared very much for my children too.
"The money is irrelevant. I would much rather my father was still alive. I miss him. I feel completely adrift. He was a recluse when he died, but I don't think he had any regrets. He was very proud of what he'd achieved and I'm proud of him too. He turned Soho from a seedy little area into a vibrant, thriving, cosmopolitan place."
Howard, who works as a leisure events organiser, appears to have no desire to take control of his father's business and is busy planning a Roman Catholic funeral for his father, which will take place in South-West London next week, following Raymond's instructions to the letter. He is supposedly keen to gloss over whatever differences he may have had with his father, and play down any feuding in the family.
The rumoured dispute over Paul Raymond's estate is one of several high profile cases of families fighting over money after a relative's death. In 2007 it was reported that Luciano Pavarotti's daughters were contesting his Will after it emerged that he left the majority of his estate to his second wife.
But what can you do if you want to contest a Will and how do you go about it? What can you do if a relative wants to challenge a Will? Here's our guide to what you need to know about Will disputes.
1. How can a Will be contested?
It's possible that a Will is invalid, perhaps because the person who died didn't have the mental ability (capacity) to make a Will, or he was bullied into it or he didn't know what he was signing. Alternatively, it may simply be that the proper procedures for signing the Will were not followed.
If the Will is valid, a person may challenge it if they can show that the Will failed to make reasonable financial provision. Applications of this kind are limited to spouses (including civil partners), former spouses who haven't remarried, children and step-children, partners who lived with the person for two years before the deceased passed away, or other dependants.
On occasion disputes also arise as to the meaning or interpretation of a Will or whether what is said is what was actually intended. This can affect the whole Will or only a bequest in the Will.
2. Who can contest a Will?
A person who benefits under an earlier Will or an intestacy may challenge the validity of the Will. Applications for financial provision are limited to spouses (including civil partners), former spouses who haven't remarried, children and step-children, partners who lived with the person for two years before the death, or other dependants.
3. How long do I have to contest a Will and how can it be contested?
All challenges should be brought as quickly as possible and applications for financial provision can fail if they are not brought within six months of a formal grant of probate. It's very important to get a solicitor to write to the lawyer who drew up the Will and/or the executor.
4. What if I'm unhappy with the terms of the Will?
The first priority is to ensure that the estate's assets are not distributed before your challenge is brought. A caveat can prevent a grant of probate and, in more serious cases, an injunction may be necessary. A caveat lasts for six months. You can renew it and it can lead to disputes being resolved before they end up in court.
5. On what grounds can I contest the Will?
If you cannot come to an agreement during the caveat stage, then you can contest the Will on the following grounds:
- There are doubts about whether the person was mentally capable of making a Will.
- The deceased didn't intend for the document to be a Will and for its provisions to be binding after his death.
- The deceased was forced or coerced to sign the Will.
- A fraud was committed as the deceased was tricked into signing the Will.
- The Will wasn't witnessed or signed correctly.
- The Will or provisions in it are invalid or ineffective. For example, if the deceased got married or entered into a civil partnership, then this revokes any Will which was made before the marriage or civil partnership, unless the Will specifically stated that it was made in contemplation of the marriage or civil partnership. Note, however, that getting divorced doesn't invalidate the whole Will, but only the bequest to the ex-spouse.
- The wording of the Will is ambiguous.
- If a relative was financially dependent on the deceased at the time the person died, they have a right to claim on the estate if they are omitted. Awards vary from lump sums to payments of maintenance.
Never forget that where all the beneficiaries are adults, they can decide between themselves to share the estate in a different way. For example, if you left everything to your children in differing shares, they can agree to share it equally.
6. What do I do if I'm involved in a Will dispute?
Will disputes arise in a variety of ways, so it's important that you get your facts together, in case the matter goes to court. A court will assume that the Will is valid, so the onus is on the challenger to provide evidence that suggests otherwise. But if the court decides that there is doubt, then the burden is on you to prove that the Will was completed correctly, if you want the Will to proceed in its existing form.
Don't automatically assume that every dispute will end up in court. There are alternative methods of resolving the dispute; for example, mediation. The most important thing is that you obtain the right advice from an expert in Will disputes. The Association of Contentious Trust and Probate Specialists (ACTAPS) (www.actaps.com) has members who specialise in trust and probate matters and they will be able to help you.
Further information
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