Author: Wellers

Disappointed Homebuyers Secure Six-Figure Damages From Negligent Surveyor

Posted on by Wellers

One good reason why sensible homebuyers engage the services of a surveyor prior to purchase is that, if things go wrong, they at least have someone to sue. In a case on point, a couple who paid £1.2 million for a seaside home which turned out to be riddled with defects won six-figure compensation from a negligent surveyor.

The property had been largely rebuilt in the months before the couple bought it. They instructed a surveyor to conduct a non-structural inspection. He reported potential problems with drainage, rainwater pipes and gutters. In the light of his report, the purchase price was reduced from £1.24 million prior to completion.

After the couple moved in, it swiftly became apparent that the property was riddled to a remarkable extent with defects of varying severity, many if not all of which would not have been observable by a surveyor performing a non-structural survey. By far the most serious problem, however, was damp ingress.

After the couple launched professional negligence proceedings against the surveyor, the High Court noted that its task was to decide whether he fell below his normally high standards in reporting on the property’s condition. He had carried out numerous damp readings during the inspection, none of which revealed any problem.

He had, however, breached the duty he owed the couple in failing to report that he could not see visible damp proofing and that further investigations were required. He was also negligent in failing to advise the couple that they should obtain a professional consultant’s certificate in order to establish that the rebuilding works had been carried out to a satisfactory standard.

The Court found that, had the surveyor’s report contained the advice that it should have done, the couple would never have bought the property. Their damages thus stood to be calculated on an assessment of the difference in value between the property with the defects as reported by the surveyor and its value with all the defects which in fact existed.

Calculating the diminution in the property’s value by reference to the cost of demolishing and rebuilding it, the Court found that the couple were entitled to £750,000. Giving credit for sums that they had already received from third parties, the Court awarded them a total of £389,000. That included £15,000 to reflect the distress and inconvenience that they suffered.

Independent Legal Advice Proves Decisive in Family Inheritance Dispute

Posted on by Wellers

Just because someone is old, frail and vulnerable does not mean that they are incapable of understanding the contents of their will. However, as a High Court ruling in the context of a bitter inheritance dispute showed, the benefits of professional advice become all the greater as the inevitable effects of old age begin to bite.

The case concerned a mother who was in her 80s when she made a new will leaving her estate, which had a gross value of about £325,000, to one of her daughters and nothing to the other. In a contemporaneous written statement, she explained that the daughter who did not benefit under the will had broken off contact with her.

The daughter in question denied that that was the case and challenged the validity of the will on the basis that her mother was prey to undue influence brought to bear upon her by the beneficiary. She also asserted that, due to her age and vulnerability, her mother neither knew nor approved the contents of the will.

Ruling on the matter, the Court acknowledged that the mother was very frail when she made her will, suffering from various health problems which affected her sight, hearing and mobility. The will was, however, drafted by a solicitor who interviewed and advised her in the absence of the beneficiary. On the advice of another solicitor from the same firm, she obtained her GP’s confirmation that she had the mental capacity required to make a valid will.

Allegations that the mother was terrified of the beneficiary were rejected. Although she had, by a previous will, left her estate equally between her children, the change in her wishes was readily explained by the breakdown in her relationship with the other daughter. Evidently, the daughter did not like being disinherited but that did not mean that there must have been undue influence.

The care taken by the lawyers who advised the mother in the end proved decisive. The solicitor who interviewed her on her own was not acting for anyone else and satisfied herself by inquiry that the mother wished only one of her daughters to benefit from her estate. The validity of her final will was upheld.

Please do get on contact if you need a solicitor to draft your will, we have a number of highly experienced specialist wills lawyers.

Children arrangements following separation

Posted on by Wellers

Broadly, there are two routes for making arrangements for children after you separate and these are the same whether you intend to divorce or you have no plans to do so in the foreseeable future.

If you can agree the arrangements for contact following separation, this is by far the most preferable route. Going to court is invariably stressful, time-consuming and difficult in many ways; it may also become extremely distressing for your children if the situation becomes acrimonious.

When both parents agree

If you both agree about how much time the non-resident parent (the one who does not live with the children on a day-to-day basis) can spend with the children, then you don’t need to complete any official paperwork.

However, it may be a good idea to write down what you have agreed. You might want to draw up a parenting plan that records some of the main decisions you make about child arrangements; this could include:

  • regular days that the non resident parent will spend time with the children
  • the details of overnight stays – pick up and drop off times etc.
  • arrangements for major holidays and celebrations, such as school holidays, birthdays and Christmas
  • how and when details need to be agreed for taking children away on holidays3when and how other types of contact might occur – phone calls, messenger chats, Skype calls etc.
  • other contact arrangements such as making time for grandparents

A parenting plan can cover all sorts of other child-related issues, such as what might happen in an emergency and how certain decisions will be reached, such as schooling, medical treatment, religious upbringing, etc.

A parenting plan is an informal document and its contents are not enforceable; however, it can be a useful tool to get you thinking about the needs of your children in the longer-term and how you and your ex-partner will handle these issues.

If you want a legally binding plan in place for you and your children, a family law solicitor can help you apply to the court for a consent order. You and your partner will need to apply to the court on a C100 form and there is a fee to pay.

When parents don’t agree

If you and the other parent cannot agree on the arrangements for your children following separation or divorce, a family law solicitor can help you to apply to the court. Your situation will dictate which type of court order or orders you will need in relation to your child or children.

Unless you are a victim of domestic abuse, or there is another compelling reason, you will need to have attended a meeting about mediation before applying for a court order.

A child arrangements order

‘Child arrangements orders’ have replaced contact and residence orders. This type of order specifies:

  • where the children will live (and with which parent)
  • when and how they will spend time with the non-resident parent
  • other types of contact: for instance when (weekends, evenings) and how (phone, Skype, messenger etc.)

A specific issues order

For issues relating to your child’s upbringing you will need a ‘specific issues order’ which can include items such as:

  • the school they attend
  • whether they will have a religious upbringing
  • specific health related issues and treatments, such as immunisation and blood transfusion
  • extra-curricular activities.

A prohibited steps order

A prohibited steps order can stop the other parent from doing certain things and making certain decisions about the child. Such as:

  • removing the child from the jurisdiction
  • removing the child from school
  • contact with certain people, such as friends and other members of the other parent’s family

What the court will consider

If you apply for a court order in relation to your child (or children) the court will consider their wishes and feelings, their physical, emotional and educational needs, the effect any changes may have, their age, gender, character and background, the possible risk of harm to the child and the ability of the parents to meet the child’s needs.

The child’s best interests will be at the heart of any order made by the court. Please note, the above orders do not deal with child maintenance issues which are handled by the Child Maintenance Service. Find out more about child maintenance here.

Applying for a court order

Either parent can apply for a court order or anyone with parental responsibility. Grandparents, other family members or any other person can make an application to the court, but before doing so they must seek permission from the court to do so (leave of the court).

The court provides guidance on making an application, but your solicitor will be able to explain all you need to know.

Before filling in form C100 you must prove to the court that you have attended a Mediation Information and Assessment Meeting (MIAM). You will need to send the court fee and three copies of the form along with the original application form.

Court hearings

You will almost certainly be required to attend at least one court hearing in relation to your court order application. The Children and Family Court Advisory and Support Service (Cafcass) will be in contact prior to the hearing and a Cafcass family court adviser will usually attend.

The process which allows the court to make a decision in relation to arrangements for children can be lengthy. At the first hearing the judge will want to establish what you and the other parent can agree upon, what you can’t agree upon and if there is any particular risk to the child’s wellbeing.

You and the other parent will be encouraged to reach an agreement at the hearing. If you do agree and the judge feels there is no immediate concern in relation your child’s welfare, the process can end there. A consent order will be drawn up that includes everything you have agreed and you will both be legally bound to stick to the terms of the order.

Parents who can’t agree

If you can’t reach an agreement at the first court hearing. The judge may ask you to attend mediation sessions with the other parent or you might be asked to attend a ‘Separated Parents Information Programme’; a SPIP course provides information and guidance on how to reach an agreement and how to manage conflicts in relation to the arrangements for children (you will not have to attend the same session as the other parent). Ultimately, the course aims to help parents put their children first during a separation or divorce.

The judge may also decide that a Cafcass report is needed. The family court adviser will arrange to speak to your child and a report will be sent to the court. You will get a copy of the report.

You can decide to reach an agreement at any time. Once this happens, the court will stop the process and an appropriate order will be written.

Family Law Guidance and Information

Our family law solicitors have written an invaluable, free to download Guide to Children Matters on Separation.

You can email an enquiry to enquiries@wellerslawgroup.com or call 020 8290 7992 for our Bromley team, 01732 457575 for Sevenoaks, 020 7481 6393 for central London or 01483 284567 for our Surrey team.

We offer a fixed fee, no obligation one hour interview so that we may provide you with initial advice and suggest the options for your next course of action.

Ambiguity in Widower’s Poorly Drafted Will Results in Family Stalemate

Posted on by Wellers

The whole point of engaging a professional to draft your will is to make your wishes clear in precise and unambiguous terms. If your will falls below that high standard the result, as a High Court ruling showed, can be family stalemate after you are gone.

The case concerned a widower who died without children, leaving an estate worth over £600,000. By his will, he made some modest charitable gifts and bequeathed the remainder to ‘such all of my nephew’s and niece’s children’. It was agreed that the apostrophes in that phrase were misplaced and that he had not intended to benefit the children of only one niece and one nephew.

As at the date of his death, there were seven children of his nieces and nephews by blood who were clearly entitled to inherit under the will. However, an issue arose as to whether he had also intended to include the eight children of his deceased wife’s nephews and nieces in the class of beneficiaries. With the consent of all concerned, that issue was submitted to the Court for determination.

Ruling on the matter, the Court noted that, as a matter of strict and proper English, the words ‘nephew’ and ‘niece’ describe the son or daughter of a brother or sister. It was, however, permissible to consider the background context in deciding whether the words as used in the will were intended to have a wider meaning.

The Court noted that the man and his wife had been married for 46 years and that she had left him the whole of her substantial estate. In all their previous wills, they had benefited their own and their spouse’s blood relatives equally. The man made his final will only eight months after his wife’s death.

In ruling that the beneficiaries of the man’s will should include the children of his nieces and nephews by marriage, the Court found it unlikely that he would have wished to disinherit his wife’s family so soon after her death and for no apparent reason. His estate thus stood to be divided between 15 beneficiaries.

The Court noted that the crucial clause of the will contained grammatical and punctuation errors and was poorly drafted. The difficulty that had arisen could very easily have been avoided had the beneficiaries been specifically named. The case graphically illustrated the dangers of giving instructions for the drafting of a will over the phone, rather than to a solicitor face to face.

Object to a Planning Decision? A Lawyer Will Ensure Your Voice Is Heard

Posted on by Wellers

If you object to a planning decision, an expert lawyer will ensure that your voice is heard loud and clear. In one case, a woman succeeded in overturning planning permission for the construction of 18 holiday lodges close to her rural home.

The local authority enabled the development by granting consent for the change of use of a greenfield site. It did so on the recommendation of planning officers, who pointed to the project’s economic benefits. They also stated that the lodges would not be visually obtrusive or significantly harm the area’s rural character.

The lodges fell within the statutory definition of static caravans and each of them could measure up to 20 metres long, 6.8 metres wide and 3.05 metres high. The applicants for permission said that the lodges would be clad in weatherboarding and a wood-stained finish to help assimilate them into the countryside.

Members of the council’s planning committee were advised by an officer that, as consent was only sought for a change of use, a request for further details in respect of the lodges’ design would not be justified. However, in upholding the woman’s judicial review challenge, the High Court reached the firm conclusion that that advice involved an error of law.

The nature of the application did not prevent the council from exercising planning control over the design of the proposed holiday lodges. At least some members of the committee were troubled by the design issue and it was some measure of their concern that councillors deferred making a decision on the application when it first came before them.

In quashing the permission, the Court found that, had the committee been correctly advised, it was highly likely that it would have exercised planning control by, for example, imposing a condition regarding the external materials to be used in the lodges’ construction. Given the limited design information submitted with the application, there was a very real likelihood that councillors would at least have requested further information in that respect before reaching a decision.

Don’t Even Consider a Foreign Adoption Without Specialist Legal Advice

Posted on by Wellers

Adopting children from abroad can complete families and be of great benefit to all concerned. However, as a High Court case showed, it is fraught with legal pitfalls and should not be attempted without first taking specialist legal advice.

The case concerned a British citizen who adopted a child in Iran under Iranian law. The child had thrived in the adoptive placement. The parent launched proceedings in London, seeking recognition of the adoption in this country. The Home Office opposed the application on the basis that the criteria for recognition specified in the Adoption and Children Act 2002 had not been met.

Ruling on the matter, the Court noted that Iran has not ratified the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions. It is also not one of the countries where adoption is recognised by operation of the Adoption (Recognition of Overseas Adoptions) Order 2013.

The parent was domiciled in Iran at the time of the adoption and it was not disputed that the child had been legally adopted in accordance with the requirements of Iranian law. However, the Home Office argued that adoption in Iran does not have the same essential characteristics as adoption in England and that recognition should, for that reason alone, be refused.

The effect of an English adoption is to sever the legal relationship between the child and his or her biological parents. Section 67 of the Act provides that, if an adoption order is made, the child will be treated as if born to the adopter(s). Adoption orders made in this country can only be revoked in highly exceptional and very particular circumstances and such revocations are extremely rare.

The Court noted that those principles differ starkly from the position under Iranian law, where an adoption order does not extinguish the legal relationship between a child and his or her biological father. The threshold for revocation of Iranian adoption orders is also set at a much less demanding level.

The Iranian adoption had provided the child with much-needed security and stability. However, in refusing to grant recognition, the Court observed that the case turned not on the child’s welfare but on the interpretation of the legal principles through which English law recognises foreign adoptions.

The Court observed that an application for an English adoption order in respect of the child could be made under Section 49(3) of the Act if it could be shown that the child had been habitually resident in this country for 12 months. Any interference with the human rights of the child and the parent arising from the refusal to recognise the Iranian adoption was, in the circumstances, justified.

Family Dispute Underlines Wisdom of Making a Professionally Drafted Will

Posted on by Wellers

Family disputes frequently focus on inheritance and can inflict immense anxiety and pain on all concerned. A case concerning a young man who died tragically when he stepped in front of a train, however, showed that the best way to avoid such conflict is to make a professionally drafted will.

The deceased, who had learning disabilities and mental health issues, was aged just 35 when he died but was a wealthy man due to an inheritance from his grandfather. An inquest resulted in a verdict of accidental death. Following his death, his mother was granted letters of administration on the basis that he had died intestate – without making a valid will.

However, his uncle by marriage, with whom he had had a close relationship while he was growing up, subsequently launched a probate claim on the basis that he had in fact made two duplicate wills prior to his death. The wills, under which the uncle stood to inherit cash and property, were in identical terms and were apparently executed on the same day.

The deceased’s mother claimed that the wills were forgeries which had been created several years after his death. She pointed to the fact that they had been signed on his behalf by a man who was later convicted of an unrelated fraud and jailed. The man, who signed the wills in exercise of an enduring power of attorney granted to him by the deceased, was not a solicitor but was on occasions willing to let others think he was. He had since died.

In ruling on the matter, the High Court acknowledged that the involvement of a fraudster in the wills’ execution created a potential for forgery. However, in finding that they were genuine, the Court could detect nothing in their contents to arouse suspicion. The fraudster gained nothing from the wills and, under their terms, the deceased’s mother and brother remained his principal beneficiaries.

After hearing evidence from handwriting experts, the two witnesses to the wills and others, the Court found that they were duly executed. They had been signed in the presence of the witnesses and the deceased, at the latter’s direction. The Court was also satisfied that the deceased understood and approved their contents.

The grant of letters of administration to the deceased’s mother was revoked and the Court pronounced in favour of the duplicate wills. Given the long history of dispute between members of the family, the Court also ruled it appropriate and necessary to appoint, in the mother’s place, an independent professional as executor of the estate.

The Points-Based Visa System

Posted on by Wellers

How does the UK points-based visa system work?

A new points-based immigration system came into force in the UK on 1 January 2021.

The system requires non-UK citizens to apply for and be granted an appropriate work-related visa in order to enter the UK for work purposes. (There are exceptions for Irish citizens, British National Overseas passport holders, and certain other groups.)

The role must be with an approved employer (sponsor) and must be on the eligible job list.

Visa applicants must meet specific requirements relating to the job role they are going to fulfill and each requirement will provide a number of points relating to their visa application. If the applicant gains enough points, they will be eligible for the visa (subject to other immigration checks).

Skilled worker requirements

All persons coming to the UK to work must demonstrate the following:

  • they have the required standard of spoken English
  • they have a job offer from a licensed sponsor who is registered with the Home Office
  • they are a designated ‘skilled worker’ and can fulfill the job offer requirements

These and other criteria will help the visa applicant reach the required 70 points for the new points-based system.

From 15 February 2022, new immigration rules were introduced so that care worker and home carer roles could be fulfilled by overseas workers. The Health and Care Worker visa route is a sub-category of the Skilled Worker route.

What is a ‘skilled worker’?

Being a ‘skilled worker’, in terms of immigration applications, is less about the person and more about the job they will be doing. All ‘skilled worker’ roles are defined by Home Office criteria and relate to the skill level required to fulfill the job role.

For instance, a doctor with a medical degree and postgraduate diplomas is certainly a skilled worker, but if the role he or she applies for in the UK is for something unrelated and of a lower skill level, perhaps working as an administration assistant in a bank, the role would not gain ‘skilled worker’ status and the doctor would not be eligible to apply for a ‘skilled worker visa’ in relation to this role.

What is a ‘skilled worker’ role?

All job roles in the UK have a Standard Occupational Classification (SOC) code and each code carries a skill level. The Home Office sets out what level is required for a role to be classified as ‘skilled’.

The classification of a ‘skilled worker’ role involves looking at the day-to-day activities that will be carried out by the employee and the amount they will be paid for this work. An important-sounding job title alone will not be sufficient to achieve ‘skilled worker’ status for immigration employment purposes.

The government list “Skilled Worker visa: going rates for eligible occupation codes” states the required salaries/payment rates for each role, from chief executives to shopkeepers, chemical scientists to sheet metal workers.

According to the Gov.UK website, the immigration rules will be updated to expand the number of occupations which are eligible for the ‘skilled worker’ visa entry route.

There are different salary rules for some healthcare, and teaching and education leadership roles in the UK because they are governed by national pay scales which vary by geographical location.

What has changed in respect of ‘skilled worker’ visas?

Previously, applicants with a bachelor’s degree or an NQF Level 6 qualification or above would have fulfilled the entry requirements for a Tier 2 visa.

However, the points-based system opens up the entry requirements so that a number of job roles that previously wouldn’t have been eligible now fall under the ‘skilled worker’ category.

A ‘skilled worker’ will hold minimum qualifications of either NQF Level 3 or above and A-Levels (in England and Wales), or Higher qualifications (in Scotland). This means that a more diverse set of job roles can be fulfilled by non-UK citizens who qualify as ‘skilled workers’.

The points-based visa system – how to accumulate ‘points’

The points required to be able to apply for a ‘skilled worker’ visa will comprise of a set of mandatory and tradeable points.

Mandatory points – 50 required: The applicant must have a job offer from a Home Office licensed sponsor (20 points), the job must be at an appropriate skill level (20 points), and they must have the required level of spoken English (10 points).

Tradeable points – at least 20 required: Further points are awarded in relation to the salary (minimum salary to gain points is £23,040) and must be at least 80% of the going rate for the role. Tradeable points are also awarded for those with a PhD in a subject relevant to a job (10 points) or a PHD in a STEM subject relevant to a job (20 points).

Immigration lawyers for the ‘skilled worker’ route

If you need legal advice on immigration issues and visa applications, the team of immigration professionals at Wellers Law Group are here to help. We have appointments available for confidential fixed-fee consultations in which we can answer your questions and explain the immigration processes applicable to your individual situation.

To book your appointment call Rosalind Nunoo on 020 8290 7982.

 

Pre-nups and the need for proper legal advice

Posted on by Wellers

A prenuptial agreement is a means by which parties entering into a marriage can attempt to protect their individual wealth and possessions. If a divorce becomes particularly acrimonious, a pre-nup may demonstrate to a court what the original intention of the parties was for their finances before the breakdown occurred.

While no legislation has yet been passed in England and Wales to make pre-nuptials legally binding or enforceable, a court might be guided by the agreement if it has been drafted correctly, if both parties have taken independent legal advice, if the agreement does not leave one party in financial need, and the court is satisfied that both parties were fully aware of the assets at stake and the ramifications of signing the agreement.

Since Radmacher v Granatino, the landmark Supreme Court case of 2010 in which a prenuptial agreement was upheld despite the husband’s challenge, various divorce financial settlement claims have been ruled upon in light of correctly drafted pre-nups. In WW v HW [2015] EWHC 1844 the court gave considerable weight to the couple’s pre-nup even though the husband’s needs were not provided for. The husband’s exaggeration of his financial circumstances when the agreement was signed became a significant factor for the court.

The following recent judgment in the family court is another good example of the circumstances in which a prenuptial agreement will not be relied upon in court.

The case of Mrs S v Mr H

In S v H [2020] EWFC B16, the parties had both been married and divorced previously; both spouses had children from previous relationships. While abroad, and just prior to their wedding on 8 June 2010, the parties entered into a prenuptial agreement.

It was the couple’s joint intention to conduct their married life in the UK, where Mrs S ran her successful business and her children were at school. Mr H was employed on a part-time basis by the business and he also provided primary care for Mrs S’s twin daughters.

Sadly, the marriage broke down and the Wife applied for a divorce in September 2016. The couple received their Decree Absolute on 9 July 2019.

In Mrs S’s financial settlement application she sought the full range of financial relief and relied upon the prenuptial agreement which provided for a separation of property.

However, Mr H was bankrupt and he sought a sum of £739,000 in order to pay creditors and satisfy his living expenses. The sum would also have allowed him to purchase a home.

A judge’s view of the pre-nup

The pre-nup had been signed just five days before the wedding; it was prepared by a notary under the local law of the jurisdiction in which the couple was married.

His Honour Judge Booth concluded that there was “no value in the prenuptial agreement”, acknowledging that the parties’ accounts of how they entered into the agreement differed greatly. He noted that neither party had received independent legal advice from a solicitor or other qualified person and that disclosure of their respective financial positions had not occurred. It was therefore impossible for either party to have been fully aware of the potential effect of the agreement they were entering into.

Making reference to the way divorce law has developed over the last few decades, and referencing Edgar v Edgar and Radmacher v Granatino, HHJ Booth sought to clarify the court’s position on the implementation of prenuptial agreements and that if enforcement of such an agreement would leave either party in a position of need, this fact would render the court unable to act upon the terms of the agreement. However, he noted, “the other side of the coin could be that where a husband who has nothing enters into an agreement that provides him with nothing that that represents a fair outcome”.

He concluded that if the couple’s prenuptial agreement were to be upheld it would clearly put the Husband in a position of real need and the only way of alleviating this need would be to contravene the terms by taking funds from the Wife.

The outcomes

Section 25 of the Matrimonial Causes Act 1973 requires the court to consider all circumstances of each case in respect of financial need and remedy. HHJ Booth ordered a transfer of 60% of the Wife’s pension sums, plus a lump-sum payment of £270,000 to be made to the Husband so that he could pay his debts.

Mrs S was also ordered to provide a fund for the purchase of a property in which Mr H could live, subject to a trust in favour of Mrs S so she would be able to recover the capital advance at such time that Mr H no longer needed the home.

Key points

When divorcing parties rely on a prenuptial agreement in their financial settlement case, a court will seek to determine whether both parties sought independent legal advice and whether that advice was suitable. The importance of instructing a family law specialist is therefore key.

Similarly, ff the court finds that a prenuptial agreement was arranged hastily, with very little time before the marriage occurred, this may be deemed to have resulted in pressure to sign and the court is unlikely to look favourably upon the contents of the agreement.

Lastly, the above case shows us the importance of full financial disclosure. The individual documents Mr H and Mrs S relied upon during their hearing were both rudimentary and contradictory and this was one of the main reasons the court felt the pre-nup had no merit.

Wellers Law Group family law specialists

Drafting a prenuptial agreement is complex and requires knowledge of the law as it applies to family cases. Wellers’ family lawyers offer a fixed fee, no obligation one hour interview so that we may provide you with initial advice and suggest the options for your next course of action.

It Always Makes Good Sense to Appoint a Professional Executor

Posted on by Wellers

Most people would consider it an honour to be chosen as executor of a friend’s or relative’s will. However, as a High Court ruling showed, the legal responsibilities that go with such a role can be extremely onerous and it usually makes better sense to appoint an experienced professional to assume the burden.

The case concerned a businessman who died in 2007, leaving an estate which was at the time valued at about £18.5 million before tax. It had since emerged, however, that it might be worth up to £118 million. By his will, he appointed his younger brother and a more distant relative by marriage as his executors.

More than a decade after probate was granted in respect of the will, his widow and three children by his first marriage, who were beneficiaries of his estate, remained dissatisfied with the executors’ performance of their duties. After they claimed to have been kept in the dark as to the extent of their inheritance, they were granted an order requiring the executors to submit on oath a full inventory of the estate and to give a true and just account of steps they had taken to administer it.

In challenging that order, one of the executors contended that the administration of the estate had been drawn out largely as a result of an extensive investigation by HM Revenue and Customs into the affairs of the deceased. Given the continuing issues surrounding the estate, including the discovery of offshore companies which had greatly increased its value, an inventory and account would be meaningless and their preparation a waste of money.

In dismissing the appeal, however, the Court noted that executors are under a cardinal duty, enshrined in Section 25 of the Administration of Estates Act 1925, to keep accounts and records relating to the administration of an estate and to stand ready with an inventory and account of their dealings when called for. The executors had had a number of years in which to resolve the practical difficulties of administering the estate and their unconscionable delay in doing so amounted to a dereliction of duty.

Although there were procedural flaws in the way in which the widow and children had launched the proceedings, they had been remedied by the Court looking at the matter afresh. As they had been without a proper understanding of their inheritance for more than 10 years, that situation could not be allowed to continue and it was high time that the executors performed their duty to illuminate them.

If you need advice on making a will or on legal issues relating to executors or their role, please do get on contact.