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  • Overview

    Our client and her son were appointed attorneys for the financial and property affairs of her husband (the Deceased). As attorneys, our clients were trusted to make financial decisions on behalf of the Deceased, ensuring that his income and capital were sufficient to meet both his daily and long term needs. A large portion of this was the Deceased’s care home fees. Given the limited cash reserves available, our clients took steps to free up some of the capital in the estate so that they could continue to meet the rising care home fees. Our clients managed the estate for over 5 years before the Deceased passed away.  

    Following the Deceased’s death, challenge was brought by the two children of his first marriage (in their capacity as Personal Representatives) alleging mismanagement of funds and breach of duty as attorneys. In particular, they took issue with some of the decisions taken by the attorneys in sale of properties. Unfortunately, our clients had failed to properly ring-fence estate monies and, without professional attorney accounts, this made their actions open to criticism.

    We were able to defend the allegations raised by the children of the Deceased by constructing targeted attorney accounts, showing that there was an annual income deficit which would leave the Deceased vulnerable to losing his access to care. Through this we could prove that that the attorney’s actions were reasonable and necessary in the circumstances and did not constitute a breach. Through producing the accounts, we were also able to identify the portions of estate income which needed to be accounted back to the estate, avoiding the need for costly court proceedings.

  • Related Services

    Inheritance, will & trust disputes

    Contentious trusts and probate is a legal term used to describe disputes over inheritance, wills or trusts. It is a specialist and very technical area of law. That is why it is important to have an expert on hand.

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

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By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

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Jargon Buster