Second marriages, first mistakes: how unclear wills fuel inheritance battles - Bishop & Sewell - Law Firm
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Legendary racing driver Sir Stirling Moss made headlines around the world following his stellar career. Now, sadly, it is his children from two of his marriages that are grabbing media attention as they battle it out in the courts over the remains of his £22 million estate.

It is a court battle that is increasingly commonplace as children from blended families argue over what they believe is their rightful inheritance.

Moss, who passed away in 2020, married three times having two children from two of those marriages – Allison Bradley from his second marriage and Elliot Moss from his third marriage to Lady Susie Moss.

On his death, his estate passed to Lady Moss, who then died two years later. Her will passed the Moss estate into a discretionary trust with Bradley and a family friend named as trustees, leaving Elliot without an outright entitlement to any share of the Estate (other than what the Trustees choose to give him).

Court documents show that the relationship between Elliot Moss and his mother soured, with claims that his half sister coerced his mother into changing her will. Questions were raised over Lady Moss’s capacity to change her will following excessive alcohol consumption after her husband’s death, with Elliot adding that his mother ‘robbed’ him of items of great sentimental and commercial value.

He has asked the courts to instead recognise an earlier will that would leave him 75% of the racing driver’s estate. Bradley refutes the claims that the later Will is invalid due to lack of capacity or coercion.

A strong will and good legal advice

Disputes like the one surrounding the estate of Sir Stirling Moss are typically about expectation, perceived fairness and poor communication – all of which can be addressed by a carefully drafted will.

The first rule for blended families is clarity. Phrases such as ‘my children’ or ‘my family’ may feel inclusive, but they are often the starting point for litigation. A will should clearly name beneficiaries, specify what each person is to receive, and explain whether step-children are included or excluded. Precision removes room for argument.

Trusts are another common flashpoint. Discretionary trusts can be useful where flexibility is genuinely needed, but they should be used with care. Without a clear letter of wishes explaining the testator’s intentions, disappointed beneficiaries may assume wrongdoing rather than design. Where a child is intentionally excluded as a beneficiary of the Trust or receives a smaller share than the other beneficiaries, having a letter of wishes which explains why – even briefly – can be invaluable.

Importantly, estates are not just about money. Items with sentimental or historic value often trigger the fiercest disputes. Allocating personal possessions explicitly, or including a separate memorandum dealing with chattels, can prevent rows that escalate into costly legal claims.

Regular review is also critical. Wills should be revisited after remarriage, divorce, bereavement or changes in health. In later life, capacity is frequently challenged. Having a will prepared with professional advice, supported by medical evidence where appropriate, makes it far harder for disgruntled relatives to argue undue influence or lack of understanding.

Finally, transparency matters. While no one is obliged to justify their will, discussing intentions during lifetime – or recording the reasoning behind them – can defuse resentment before it hardens into litigation.

Contact our Private Client Solicitors

For further advice or guidance on preparing a Will and Estate planning, 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 06 February 2026. 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.

 

 


Category: News, Blog | Date: 6th Feb 2026


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