News

Duncan Lewis Solicitors successfully secured the full inheritance and a contribution to legal costs for their client in a complex and long-running probate dispute involving her late parents’ estates.

Background of the Case

The client instructed the Wills and Probate team at Duncan Lewis in 2019 after facing ongoing difficulties with her brother, the executor of their late parents’ estates. The defendant claimed that he was owed money by their late father and deducted this amount from the estate accounts, asserting that the claimant was entitled to only £118,000.

After extensive correspondence over the course of over two years with no response from the defendant, or any payment to the claimant of her entitlement from either of her late parents’ estates, the team issued a claim on behalf of the claimant for her full entitlement of circa £126,000 plus interest and costs. Due to the passage of time since the estate accounts were prepared, Duncan Lewis obtained new valuations for the deceased parents’ property during proceedings. The value of the property had increased by circa £90,000. The claimant then sought to claim her inheritance based on the increased value of the property. Her claim now totalled circa £154,000.

A mediation was set up just two weeks before the trial. However, the defendant unilaterally cancelled the mediation the night before it was scheduled.

Just 3 days before the trial, the defendant paid £130,000 to the claimant. While this was a large chunk of the claim, the claimant proceeded to trial in an effort to recover the remaining £24,000 of her claim, plus her legal costs. The defendant then applied to adjourn the trial to allow the parties another opportunity to mediate. As the defendant had already cancelled one mediation at the last minute, causing the claimant to incur unnecessary costs, she had no faith that the defendant would use an adjournment to attempt to settle in good faith and so she opposed the application.

The Outcome

At trial, after the defendant’s application to adjourn was dismissed, the parties reached a settlement outside of the courtroom. The parties agreed that the claimant would receive the full amount she claimed, as well as a portion of her costs.

This incredible outcome demonstrates the Wills & Probate team’s ability to deal with complex probate disputes and achieve excellent results for our clients.

This case was led by solicitor Eleanor Murray and director Caroline Roche, with assistance from Counsel, Seamus Kearney of Lamb Building.

About the Instructing Team

Caroline Roche is a Director of Wills and Probate at Duncan Lewis Solicitors. Caroline has a proven track record in successfully dealing with a variety of contentious probate claims, this includes claims made under the Inheritance (Provision for Family and Dependants) Act 1975, claims for equitable relief under proprietary estoppel, constructive trusts, and resulting trusts, and TOLATA claims. Her handling of contentious probate matters also extends to will disputes, trust disputes, disputes surrounding the value of assets, and dealing with matters that arise through difficult executors.

 For advice or assistance on a probate matter, contact Caroline Roche via email at CarolineR@duncanlewis.com or via telephone on 020 3114 1104

Eleanor Murray is a solicitor in the Wills and Probate department at Duncan Lewis Solicitors. She specialises in contentious probate and has experience in a wide range of matters, including claims under inheritance, disputes as to validity of wills, proprietary estoppel claims and claims to remove executors under section 50 of the Administration of Justice Act 1985.

You can contact Eleanor via Telephone on 0203 1141 168 or email at EleanorM@Duncanlewis.com

About Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning national law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as a leading firm by the Chambers and the Legal 500 legal guides, and is recognised as one of the Top 250 Law Firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the LexisNexis awards 2024, further establishing its credentials as one of the leading law firms in the UK.