• Posted

We represented five (out of a total of six) residuary beneficiaries in responding to an Inheritance Act claim made by the adopted daughter of the deceased. Unusually this matter also raised issues in respect of the s.4 time limit as the claimant made her application to court outside of the time limit.

We also advised the executors of the estate.  The deceased created two trusts during her lifetime that became the focus of attention from the claimant.  Debenhams Ottaway additionally represented the trustees of the lifetime trusts.

Complications include the step family background situation and dispute in respect of lifetime gifts received by the claimant from her father / step mother.

The case also involved a charity beneficiary party and as a result had significant similarities with the high profile Ilott -v-Mitson case which was appealed to the Supreme Court.

The matter was successfully concluded at a mediation in March 2017 shortly following the publication of the decision in the Ilott v Mitson case.

Matter value: £1.3m combined estate plus lifetime trusts