Mother forced to sue children over will

A MOTHER was forced to take legal action against her own children to prevent her losing the family home after her husband died without leaving a will.

Mandy Tennant had designed and built the dream home in Harrogate with her husband, Adam, to share with their children, Sam, 17, Charlie, 13, and Max, 12.

However, she was left to bring up the three boys on her own and faced with a massive mortgage when her accountant husband died of a heart attack while playing football in October 2007.

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He died without a will and as there was no significant life insurance, his estate was divided between his wife and three children.

Law firm, Irwin Mitchell advised that the only way to resolve the situation was to take legal action against her children. The case is understood to have cost about 15,000.

Mrs Tennant, 46, said: "Adam would never have wanted us to end up in a situation like this. Had he been aware of the potential to end up in this situation he would have made sure his will was up to date and that he had life insurance in place."

Although Mr Tennant's estate was comparatively large in the absence of a will, it was divided in accordance with the Intestacy Rules. Mrs Tennant received part of the estate, but the other elements were tied up in trust funds for her children.

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An associate solicitor in Irwin Mitchell's Contentious Probate team, Adam Draper, warned people to make sure they have up to date wills in place.

He added: "It is incredibly bizarre to be left in a position where you have no other option than to issue legal proceedings against your own children.

"Fortunately we were able to obtain some of the funds to allow Mrs Tennant to pay the mortgage, but there are no guarantees that this will be achievable in every case."