Validity of a Lifetime Gift, Will Validity Challenge on the basis of incapacity and/or undue influence

Alison Parry and Claire Brierley assisted a client facing numerous claims made against her regarding her late parents’ estates. A significant gift c.£3million was made to our client during her parent’s lifetime, details of which her sister on became aware on the death of their mother some years later.

The value of both estates was significant, and independent administrators were appointed for both estates in light of the dispute. The matter was ongoing for some time with various other allegations being brought against our client including a breach of trustees duties in relation to two family trusts. Despite the claims made, the claimants were unwilling to bring a claim themselves and it fell to one of the independent administrators to issue proceedings to enable the dispute to progress and allow the estate’s to be administered.

During robust negotiations, Alison Parry and Claire Brierley were able to reach a very satisfactory result for their client with no further action being taken against their client, a retraction of a statement made during the court of the litigation and recovery of a significant proportion of costs.