We acted on behalf of the executors of the deceased’s estate worth £500,000. The deceased made two Wills in the two years prior to his death, the second shortly before his passing. During the estate’s administration per the last Will, two nephews of the deceased challenged the Will’s validity.
The executors had to be cautious not to distribute the estate until the nephews’ claim was either withdrawn or advanced. The nephews switched legal
representatives several times but failed to either to pursue a probate action or withdraw the claim, which dragged matters out. The executors faced pressure from the residuary beneficiaries to distribute the estate but were effectively caught in the middle between the parties.
We firmly told the nephews that it was not acceptable to leave the estate in deadlock with no action underway to resolve it. Ultimately, the impasse was broken after we threatened to pursue a Cobden-Ramsey (“put up or shut up”) court order to get permission for the executors to distribute the estate. Our executors could then proceed with estate administration and were able to protect themselves against any future claim that they be required to personally reconstitute the estate after distribution.
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- Susan Glenholme
- Managing Partner
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