Mrs A, who lives in Birmingham, contacted Joseph Martin, one of our contentious probate solicitors, seeking help resolving a dispute that had arisen with her co-executor, Mrs B, regarding how their father's ashes were to be disposed of.
Joseph advised Mrs A that, strictly speaking, both Mrs A and Mrs B were equally entitled to make decisions relating to the deceased's ashes in their capacity as executors and trustees of the estate.
Joseph advised that Mrs A could seek the assistance of the High Court under Part 64 of the Civil Procedure Rules 1998 if the executors were unable to agree on a course of action. If such an application were required, the court would make an order as to how the ashes would be disposed of based on the party's respective submissions.
Joseph highlighted that applications of this nature could be costly. As such, it would be in the interests of the estate for the parties to engage in settlement negotiations to attempt to avoid the disproportionate and time-consuming proceedings that would be necessary if an agreement could not be reached amicably.
"It is so important for clients to understand and consider the implications of legal disputes, particularly when there is an opportunity for parties to avoid the costs, delay and associated distress of issuing proceedings. Whilst this case was extremely challenging, I am pleased that the parties could recognise the dispute's commercially disproportionate nature and agree upon a course of action relating to their father's estate".
Joseph Martin
Contentious Probate Solicitor
Mrs A was content to attempt negotiations, and Joseph duly proceeded to engage in difficult and sensitive negotiations with her co-executor and other third parties. Whilst the negotiations took time and were extremely challenging, given the sensitivity of the matter, the parties were able to agree to a resolution of the dispute without the need to issue the contemplated proceedings.
This case represents a good example of Joseph's pragmatic approach to his cases. He focuses on his client's legal position and considers the proportionality of cases relevant to the dispute's subject matter.
