Craig Ridge, Partner and Head of Contentious Probate and Trusts, and Georgia Stott, a Senior Associate in the team advised Mrs L, who was to receive 60% of the estate of her late mother. Her aunt (and mother of the recipient of the other 40% of the estate) was the executor.
Our client approached us on the basis that her aunt had insinuated that she did not intend to follow the terms of the will, and that she intended to seek to settle a charge against the property using estate monies, even though she had personally received the benefit of the monies loaned which were secured by the charge.
The executor had also been unnecessarily delaying in dealing with the estate administration and had failed to communicate with our client as to where monies gathered as rental income on behalf of the estate were being held, and what various expenses that had been incurred were for.
We lodged a caveat against the estate on behalf of our client on the basis that the executor named in the will was not suitable. She warned the caveat, so our client entered an appearance in response, meaning the caveat was made permanent. We issued a summons for directions, and the matter was listed for a hearing.
A matter of days before the hearing was due to take place, agreement was eventually reached which would allow the estate administration to continue, and our client to receive her share of the estate.
