Representation of the executor son responsible for the administration of the estate of his late father complicated by the pursuit of a claim by the estranged daughter of the deceased.
A 1998 Will left the entire estate to the wife (mother of the executor and of the Claimant) and she also benefits from transfer of joint assets further to the operation of rules of survivorship. The estranged adult daughter received no benefit from the estate and brought a claim pursuant to the Inheritance Act 1975 taking into account her mental health issues and limited capital and income earning potential.
The case is complicated by reason of the significant fire at the property (the main asset in the case), the wife choosing to act in person and not engage legal representatives, her deafness and significant health problems and very limited engagement in the case. It is important to the executor to avoid personally being dragged into the centre of the conflict and to instead maintain a neutral position whilst at the same time complying with his obligations further to CPR 57.16.
Matter value: Estate value £1.23m
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- Susan Glenholme
- Managing Partner
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