Successfully settling a claim against a deceased person’s estate allowing the Probate team to progress the administration

Our Probate team were instructed by the executors and Will trustees of the deceased’s estate to deal with the administration of her estate.  During the course of the administration the deceased’s daughter, and only child, brought a claim against her estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision.  She also made allegations against one of the two trustees for breach of fiduciary duty and conflict of interest.  Matters were further complicated by the family dynamics involved and the fact that one of the executors and trustees was also unable to fully engage in the litigation process due to health issues. The claim against the estate meant that the administration of the estate could not be progressed and concluded.

Our Contentious Trusts & Probate team were instructed to advise the executors and trustees on the claim against the estate.  After lengthy correspondence, our Contentious Trusts & Probate team represented the executors and trustees at a mediation with the daughter at which a settlement was reached.  Our Contentious Trusts & Probate team were then involved in issuing an application for a Representation Order to ensure that the interests of various discretionary beneficiaries and minors with an interest in the deceased’s Will Trust were represented as part of the settlement. The court duly made an order sealing the settlement reached at mediation. Our Probate Team was then able to progress the administration of the estate.