Mum’s Estate Wins Claim against Brother’s Estate: TOLATA Claim
Hayley Bundey, a specialist trusts dispute Senior Consultancy Solicitor working in association with Slee Blackwell, settled another TOLATA claim at mediation, this time by the personal representative of our client’s mum’s estate against the personal representative of her brother’s estate relating to a property transfer which took place many years ago.
Belated claims brought after a deceased’s death relating to events which took place during the deceased’s lifetime are possible and indeed are regularly pursued by Hayley’s specialist consultancy team, often as part of wider claims being pursued against the estate or as a result of working closely with Slee Blackwell’s private client team when they are instructed to administer an estate and questionable historic property transfers come to light.
As with most mediations in this field, they can be very emotive dragging up events from many years ago but the benefit of resolving them via mediation is that it avoids airing the family’s dirty laundry in court as well as saving the costs, time and stress of taking the case to a trial when everyone is also grieving and needing to press on with the administration of an estate. Mediation also offers the parties an opportunity to factor into an agreement elements of estate administration which the court might otherwise not be able to resolve such as transfer of chattels and what is to be done with the deceased’s remains.
Hayley acted on a conditional fee agreement basis in this instance but she offer various forms of funding for these types of claims.
The pursuit of claims such as these after the deceased has died can be complex, not least where direct evidence from relevant parties is no longer available after a death. As such, it is all the more important that you use specialist solicitors who are experienced in how to prepare the case not only to build the case towards a successful outcome at trial, where needed, but also to manage the case through attempts at ADR, such as mediation, to maximise the benefit to be achieved for the client financially and emotionally.
Hayley’s Consultancy Team are specialist in managing these cases to a successful outcome, often at mediation. In the last year the team’s success rate at mediation has been 100%.
If you would like to read more about Hayley’s experience and specialist areas of consultancy practice as an ACTAPS member, you can find further details on her dedicated webpage.
Hayley’s consultancy team are happy to offer a free case assessment to discuss how they may be able to help you in your own situation including the various funding options open to you, such as no win no fee agreements, to achieve your own successful outcome.
Call Hayley and her specialist consultancy team on 0333 888 0554 or email them at [email protected] today.
