Inheritance Claim threatened against Baker Street Star’s Estate

The press has recently reported that the Estate of singer/songwriter Gerry Rafferty, could be subject to a claim under the Inheritance Act by his fiancé, Enzina Fuschini.

Rafferty, part of the group Stealers Wheel but best known for his 1978 solo hit “Baker Street”, died in January 2011 aged 63. His Estate is thought to be worth in excess of £1.2 million. Under the terms of his last Will from March 2007 he left his California home and contents to his daughter with the remainder of his Estate held on trust for his granddaughter. It is believed that Ms Fuschini intends to challenge that provision.

It is reported that she met Mr Rafferty in the second half of 2008, before becoming engaged to him in December 2009.

Charlie Siegle, a Solicitor in the Private Client team in Torquay, specialises in disputes involving wills and estates and is an Associate Member of ACTAPS. He comments that:

“If Ms Fuschini lived with Mr Rafferty as husband and wife for a continuous period of at least two years at the time of his death then she may well pursue a claim under the Inheritance Act as his partner. Alternatively if she was caring for him or was financially dependant on him when he died that may be another potential avenue for her under the Act.

However the first issue she will need to deal with is whether Mr Rafferty is deemed by the law to have died living in England and Wales. I understand that he lived abroad for periods during the end of his life – owning property in California for example and living in Italy for a period. Although he was living in England at the time of his death, Ms Fuschini and her lawyers will need to be sure that the Court will accept that his domicile was in England at the time. If the Court decides that it was not and that Mr Rafferty intended to return to live in California for example, then Ms Fuschini will not be able to bring a claim under the Inheritance Act.

Assuming that she can get over that initial hurdle her case will in particular turn on her current financial circumstances and her needs in the future, her relationship with Mr Rafferty and the financial needs and circumstances of her potential opponents – the daughter and granddaughter. Ultimately if Ms Fuschini’s claim has legal merit it may well be settled out of Court so as to avoid further publicity and in particular the estate being eroded by legal costs.”

Please contact Charlie on 01803 20 20 27 or at charlie.siegle@kitsons-solicitors.co.uk if you need any advice on issues arising from the article above.