Trusts and Probate – examples of mediations undertaken

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Trusts and Probate – examples of mediations undertaken 

A claim by executors of an estate, supported by charity beneficiaries, against family members alleging undue influence in relation to certain life-time transactions (c. £800k).

 

A dispute between beneficiaries over the precise scope of bequests of land.

 

A dispute between the first family of a deceased and his second family over certain properties raising various issues, in particular, that of proprietary estoppel.

 

Mediation of a dispute between a residuary beneficiary and the beneficiary under a codicil following the issue of proceedings by executors and a limited grant of probate, with discussion focusing on the application of the test for testamentary capacity (applied by various professionals prior to execution of the codicil) pursuant to Banks v Goodfellow, the role of attorneys under an Enduring Power of Attorney and an allegation of undue influence.

 

A dispute between siblings over the distribution of properties in a company owned by their deceased father, the discussion focusing on who was going to buy who out if a distribution could not be agreed and on what terms, and how other family members who worked in the business would be dealt with.

 

A dispute between a sister and her lawyer brother over a will changed several times (just before the death of their mother), with allegations of undue influence being raised.

 

A dispute concerning the testamentary capacity of a deceased shortly before his death when making a new and significantly different will to one earlier made, adherence or otherwise to the ‘golden rule’ and the principle in Parker v Fellgate (in relation to earlier given instructions).

 

A claim by a company against a former director and his family for breaches of fiduciary and statutory duties, dishonest assistance and knowing receipt.

 

Mediation of a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

 

A dispute over ownership of property between once co-habiting partners with various trust arguments being raised as well as undue influence, proprietary estoppel, and estoppel by convention.

 

An overseas probate dispute at the core of which were various strategically important shareholdings.

 

A dispute concerning the duties of trustees of a number of discretionary trusts and the proper considerations to be taken into account in the exercise of their discretionary powers.

 

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