A radio DJ has lost a £1.2 million attempt to remove his sister from their former West London family home following the death of their mother.
The DJ, working for Smooth Radio and previously Classic FM, sued his sister in an attempt to evict her from the former family home so it could be sold and the proceeds shared.
A central London court heard over a three-day hearing that the siblings had an often-fraught relationship with frequent “whirlwind arguments”. The DJ accused his sister of being “frivolous” with money and “lazy”, saying she struggled to hold down jobs.
The DJ’s sister had lived in the family home her entire life, claiming she had sacrificed her career as an art and production director working on music videos and popular TV shows to care for her elderly mother.
She claimed a ‘life interest’ in the property, supposedly supported by a letter from her mother written several years earlier.
The London Court dismissed her attempt to secure a life interest in the property but did give her the right to live in the family home until she reaches the age of 70, after which it should be sold and the proceeds shared.
But what is a life interest in a property? Why was she able to stay in the home? And what could her mother have done differently to diffuse the tensions between her two children?
Life interest in property
A life interest in a property – technically called an ‘interest in procession trust’ – grants the right for an individual to live in a property or receive income from that property for a defined period of time, typically for the rest of their lives. Crucially, they do not own the property outright, with the underlying capital preserved for the eventual beneficiaries.
They are typically created through a will, requiring the appointment of suitable trustees and are often used to protect a property following a second marriage, allowing a partner to continue to live in the home and for children from a first marriage to eventually inherit.
Where no formal documentation exists, it can be possible for an individual to rely on promises made during the property owner’s lifetime and where an individual has suffered detriment having relied on those promises. These can be challenging to prove.
The Inheritance (Provision for Family and Dependants) Act 1975
Commonly called the 1975 provision, this can allow a spouse, cohabitant or children to make a claim against an estate if they can argue they haven’t received a ‘reasonable financial provision’.
Here, the courts can consider the financial needs of the applicants, the obligations the deceased had towards the claimant and the size and nature of the estate. Importantly, claims here must be made within six months of the grant of probate, with the courts keeping in mind testamentary freedom – the right for an individual to dispose of their estate as they wish.
1975 claims are commonly used where adult children are disinherited or, as was perhaps the issue in the case of the Smooth Radio DJ and his sister, where an individual takes on the role of care provider.
Given the tight timeframe and the principles of testamentary freedom, successful claims can also be challenging.
What might the mother have done differently to smooth her estate?
In this case, the mother might well have thought she was doing the fair and equitable thing by dividing her estate, principally the family home, equally between her two children.
But given the role her daughter played in providing care and the sacrifices made to her own career, it might have been wise to create in her will a life interest trust in the home, allowing her to remain living there for a defined period of time. Here, any responsibilities and limitations of the life interest trust could have been laid out.
This might include specifying who pays for maintenance and repairs, insurance and even council tax. She might have wanted to have considered a clause that allows or encourages her daughter to downsize to a smaller property, releasing some of the estate earlier.
Importantly, the mother should have more clearly discussed her intentions whilst still alive, clearly explaining the reasons for her decision. Her reasoning and subsequent discussions, whilst potentially difficult, might have reduced the risk of future conflict.
In all circumstances, it is important that professional advice is sought from an experienced solicitor. This experience when creating life interest trusts can help ensure they are well drafted but also consider where conflict might arise and be avoided. It is also sensible to revisit these arrangements every five years or so.
Contact our Private Client Solicitors
For further advice or guidance on preparing a Will, contact our Private Client Solicitors.
If you are in need of advice or assistance on any of the legal issues mentioned in this article, please contact any member of our experienced Private Client team on 020 7631 4141 or email privateclient@bishopandsewell.co.uk
The above is accurate as at 19 September 2025. The information above may be subject to change.
The content of this note should not be considered legal advice, and each matter should be considered on a case-by-case basis.
