Ignoring Advice Not Path to Success

15th November 2017 By Arman Khosravi

There really is little point in instructing lawyers to represent you if you do not then listen to their advice. In one case which illustrates this, two women dispensed with the services of not just one but two legal teams, after they were advised to discontinue their legal fight, and persisted in mounting an utterly pointless challenge to a matriarch’s will.

The women were the daughter and granddaughter of the deceased woman, whose will divided her property equally between her 12 children. The two women had lived with her and were determined to stay in her home after her death and to pay no rent. They objected when the executor of the estate launched proceedings to take possession of the property so that it could be sold and the proceeds divided among the beneficiaries.

The women challenged the will’s validity on a wide variety of grounds and argued that it had not made reasonable provision for them. However, they ultimately put their signatures to a settlement, whereby they agreed to withdraw their claims on the basis that their costs would be paid from the estate. They also agreed that they would not defend the possession action.

Notwithstanding the settlement, the women continued to resist attempts to move them out of the home and made numerous wild and scurrilous allegations against solicitors and barristers whom they had previously dismissed. The High Court noted that those allegations appeared either baseless or irrelevant to the issues in the case.

In granting the orders sought by the executor, the Court observed that, even had the women’s challenge to the will succeeded, it would not have made one iota of difference to their position. Had the woman died intestate, her property, including her home, would still have passed in equal shares to her children. The women were bound by the terms of the settlement and, by remaining in the property rent free, they had perpetrated a great injustice on the other beneficiaries of the will.

Source: Concious

Latest News

Another Sad Tale of a Farmer's Disinherited Children – High Court Ruling

24th November, 2023 By

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed, such stories are often reflected in the sad and recurring reality of agricultural inheritance disputes. When he died, a father was the beneficial owner of a 20 per cent stake in his family farm. He also held a 25 per cent share of a company that ran a market gardening business...

Family Judge Treads the Blurred Boundary Between Life and Death

21st November, 2023 By

The ability of modern medical technology to keep patients' hearts beating and their lungs ventilating has led to a blurring of the boundary between life and death. As a High Court ruling showed, it sometimes falls to family judges to make the desperately hard decision as to when that line has been crossed. The case concerned a young man who fell to the ground after being assaulted in a pub garden, sustaining a catastrophic brain injury. He was admitted to hospital in a deep coma and, following weeks of observation...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

16th November, 2023 By

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A copy of a contract before the Court indicated that the woman, aged in her 80s, had signed a contract agreeing to the sale of her home for £840,000. Following a purported exchange of contracts, the purchaser, an investment company, launched proceedings against...

Sometimes Parental Love is Not Enough – Court Sanctions Boy's Adoption

13th November, 2023 By

Parents may be worthy of praise and deeply love their children, but it sadly does not always follow that they are able to provide them with a stable home. The High Court made that point in sanctioning a little boy's placement for adoption. Due to concerns that he was not receiving a good enough standard of parenting, a local authority placed him in temporary foster care and sought care and placement orders. His parents, although separated, staunchly resisted plans for his adoption, arguing that his mother was able to look...