case studies

Case Studies

Unclear Will clauses

The deceased provided for his farming business to pass completely to his two sons who had worked in the business, for little money, for over 30 years.

The other siblings contested the Will on the basis that there had been changes to the nature of business over the years which meant that their father's intention was therefore to leave the vast majority of the estate to the other siblings who were not associated with the business. Proceedings were commenced and a mediation was attempted to resolve matters.

This was not successful and the case was prepared for trial.

    Witness statements were provided by the deceased's solicitor, accountant, GP and bank manager to confirm what the business consisted of and that it was the deceased's intention to leave the farming business to his two farming sons.

On hearing the evidence of the siblings bringing the claim at trial - after 5 days of evidence, the judge told the parties to try again to settle the case, as the claimants' evidence was weak and the judge was likely to find against them. The trial had 10 further days and substantial costs would result if the case continued.

An agreement was reached by negotiation and our clients received the business and a substantial costs award.

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