Removal of executors and multi party estate dispute between siblings
The matter required the proposed removal of both executors and the appointment of an independent administrator. The case involved serious and wide-ranging allegations, including document destruction, undue influence, and disputes over whether substantial lifetime transfers were classed as loans or gifts.
The opposing party issued multiple overlapping and inconsistent claims. Through careful analysis of extensive historical evidence and strategic case management, we successfully secured a stay of the additional claims at an early hearing. We were able to have the parties removed as executors and obtain an order for costs on an indemnity basis.
Complex partnership and estate disputes following death
The matter includes claims to beneficial ownership of several properties where the deceased was not named on the legal title, disputes over entitlement to high-value life insurance sums, and issues relating to historic income, property mismanagement, and mortgage arrears by co-partners. The case is further complicated by limited documentation, which has resulted in forensic reconstruction of the deceased’s interests, as well as a professional negligence angle to the structuring of life policies and avoidable inheritance tax exposure.
We have successfully asserted the estate’s property interests, defended claims to policy proceeds, and used the negligence issues to support a broader strategic position. We’ve also managed a parallel claim under the Inheritance (Provision for Family and Dependants) Act 1975, which depends on the resolution of the underlying partnership disputes.
TOLATA claim defending a gifted property in dispute
Acting for a client defending a challenge to beneficial ownership of a residential property gifted during the donor’s lifetime.
Following a later family dispute, a third party sought to assert a beneficial interest and restrict dealings with the property. We successfully resisted attempts to secure an early procedural advantage and instead positioned the case to require full court proceedings, forcing the opposing party to substantiate their claim.
The matter carries significant financial implications, as the original asset had been leveraged into further investments. Our strategy has focused on exposing inconsistencies in the opposing party’s case and resisting premature settlement pressures, including successfully justifying a refusal to mediate where no prima facie case had been established. We were also able to have the claim dismissed at trial with an order for costs in our client’s favour.
Inheritance Act claim on behalf of a child
Acting for a minor claimant in a complex claim under the Inheritance (Provision for Family and Dependants) Act 1975 against a substantial estate.
The case involves multiple contested issues, including establishing paternity, the extent of financial provision during the deceased’s lifetime, and the appropriate level of provision going forward. The case is made more complicated by concerns around the administration of the estate, including potential non-disclosure of assets and questions surrounding the validity of a purported Will.
The claim raises important issues of fairness and equality between children, particularly where the claimant’s circumstances differ from other beneficiaries who have benefited from a much higher standard of living. We successfully secured an early admission of liability and are now resolving the issue of quantum. We have also been able to secure an interim payment for our minor client, pending resolution of the quantum of our client’s claim.
