Example case study: siblings’ estate administration dispute resolved by settlement agreement

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The following case study is based on a matter that our estate dispute solicitors typically take on.

Our estate dispute lawyers advised an individual when a dispute arose with their sibling, joint executor and beneficiary under the terms of a valid Will, following their mother’s death.

Estate dispute after disagreement between siblings

Our client, Liam, instructed our solicitors after a dispute arose between him and his sister (who had a history of controlling behaviour and who exhibited a high degree of distrust of others) regarding the administration of the estate of their late mother, Christine. The poor sibling relationship before their mother’s death dramatically worsened afterwards.

Liam believed that his sister, Diana, was failing to administer Christine’s estate in accordance with her Will. Although Christine had died in 2015, no grant of probate had been obtained five years later. However, Diana moved into their mother’s home, begun undertaking extensive improvement works to it, all whilst renting out her own home.

The dispute primarily concerned the fact that, whilst both siblings were named Executors in the Will, yet Diana insisted that she make all arrangements for the administration of the estate, withheld access to vital information regarding the assets and liabilities, all without involving Liam. It was also clear that Diana was enriching herself to Liam’s detriment.

Settlement agreement

The estate administration was resolved by way of a settlement agreement, which included full financial disclosure regarding the estate and a complete account of Diana’s administration of it, the obtaining of a grant in both parties’ names, and the accelerated buying out of Liam’s interest in the estate by Diana.

Our client received his full interest in the estate, which also accounted for the benefit Diana had received since their mother’s death, as well as the completion of the estate administration. Liam was also pleased that we were able to secure a number of items of sentimental value to him, which had been thought lost to Diana.

Contact our dispute resolution solicitors

If you or someone you know has concerns over the validity of a loved one’s Will, our inheritance dispute solicitors may be able to help.

Contact our team of specialist lawyers today on 0117 325 2929 or fill in our online enquiry form.


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