The Earl of Yarmouth: When succession planning goes wrong

A brutal inheritance dispute between the descendants of Jane Seymour is a cautionary tale on the perils of passing on your wealth

In 2023, a landmark shift occurred in the world of wealth: for the first time since 2015, newly minted billionaires derived more wealth from inheritance than from entrepreneurship. This trend, projected to accelerate with an estimated U$124 trillion in wealth transfers by 2048, underscores the growing importance of effective succession planning. 

Yet, despite the stakes, many wealthy families fail to plan adequately, leading to complex disputes and fractured relationships. The ongoing legal battle over the Ragley Hall estate, involving William Seymour, the Earl of Yarmouth, and his parents, the Marquess and Marchioness of Hertford, serves as a cautionary tale.

The high cost of poor planning

The Seymour dispute highlights the complexities of managing inherited wealth, particularly when emotions and personal grievances come into play. The young Earl’s accusations against his parents and trustees and his parents’ criticisms of his “lack of achievement” have turned a private matter into a public spectacle. 

Such conflicts are not uncommon, especially when estates are tied to titles, heritage and family pride. Without clear succession plans, even the wealthiest families risk seeing their legacies eroded and reputations damaged.

Why families avoid succession planning

Many wealthy individuals delay or avoid succession planning altogether, often believing there will be time to address it later. However, this reluctance can have dire consequences. Ambiguous wills, poorly defined trusts and unclear roles for trustees often fuel disputes, leaving families vulnerable to prolonged legal battles.

The role of legal structures

Effective succession planning begins with robust legal frameworks. Wills and trusts are essential tools for ensuring assets are distributed according to the grantor’s wishes. Trusts, in particular, offer flexibility and protection, allowing for controlled distributions that safeguard wealth from creditors, poor financial decisions, or external claims. However, the effectiveness of these instruments depends on their clarity and alignment with the family’s long-term goals.

Trustees play a pivotal role in this process, acting as custodians of the estate. Selecting the right trustees – whether family members, professionals, or independent advisors – is crucial. They must possess not only financial expertise but also the ability to navigate family dynamics impartially.

Proactive measures to prevent disputes

Start early: Open and transparent communication is the foundation of effective succession planning. Regular family meetings can help align expectations and address concerns before they escalate.

Document clearly: Wills, trusts and letters of wishes should be meticulously drafted and regularly updated to reflect changing circumstances. Ambiguities in these documents often lead to disputes.

Engage advisors: Legal, financial and family governance experts can provide invaluable guidance in designing a succession plan that balances legal requirements with family dynamics.

Educate the next generation: Preparing heirs for their roles and responsibilities is critical. Financial literacy training and exposure to estate management can foster a sense of stewardship and reduce the risk of mismanagement.

Resolving conflicts: the case for compromise

Even the most diligent planning cannot prevent every dispute. When conflicts arise, managing emotions is critical. Family disputes are inherently charged, and heightened emotions can lead to irrational decisions that further jeopardize the estate. A common but counterproductive tactic is airing grievances through the media, as seen in the Ragley Hall case. Instead, families should turn to their advisors – legal professionals, mediators, or family consultants – who can provide impartial perspectives and help navigate a path to resolution.

A common play used by high-net-worth individuals is to resort to airing grievances through the media. However, as the wrangle over Ragley Hall demonstrates, giving in to this temptation often escalates the conflict and leaves everyone worse off.

Compromise is often the best outcome. While it may require some parties to accept less than they had hoped, a negotiated settlement preserves family relationships, protects the estate’s value, and avoids the public spectacle of a courtroom battle. 

The shift from entrepreneurship to inheritance as the primary source of billionaire wealth underscores the growing importance of effective succession planning. For families like the Seymours, the consequences of inadequate planning are all too clear: fractured relationships, diminished estates and public scrutiny. By addressing these issues early, families can protect their legacies, preserve their wealth, and ensure a smoother transition for future generations. 

Prateek Swaika is a solicitor advocate and partner at Boies Schiller Flexner.

Anthony Hadjiantoniou is an associate at Boies Schiller Flexner. The opinions expressed in this article are those of its authors and do not reflect the opinions or views of Boies Schiller Flexner or its clients.

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