Our client came to us as the sole residuary beneficiary and daughter of the deceased, seeking to resolve an inheritance dispute over the validity of a will.
The specifics of the dispute were that a beneficiary who was to receive a fixed sum threatened to challenge the will, claiming that a later version existed in which they were to receive the whole of the residue of the estate.
For almost 12 months, this claim hung over the estate's administration, delaying progress and creating uncertainty for our client. The executors, who were independent professionals, had successfully obtained the Grant of Probate based on the will, but the estate administration had to be put on hold while the threat of the claim remained.
This caused considerable frustration and disruption for our client, who was eager to move forward with the process and receive her inheritance.
Recognising the need for a resolution, we were instructed to take decisive action. Our first step was to write to the opposing party threatening a specific type of court application, more commonly known as a "Put up or Shut up" application.
This letter clearly outlined the legal framework, asserting our client's position and demanding that they either progress the intended will challenge or withdraw it.
Our strong and well-supported communication had the desired effect. Faced with the strength of our client's legal position, the opposing party abandoned their claim, allowing the executors to proceed with administering the estate without further delay.
With the dispute now resolved, the executors are able to finalise the estate administration, ensuring that our client can finally receive the inheritance she was rightfully entitled to.
This case serves as a reminder of the importance of taking swift, strong action, with the right legal advice, when faced with threats to challenge a will.
