Settlement Achieved in Contentious Probate Dispute

Our Dispute Resolution Team recently settled a dispute regarding a conditional pecuniary legacy in a Will. Our client was employed as deceased’s live-in carer and was a beneficiary under the Will. The legacy was given in lieu of an increase to our client’s salary and was conditional upon our client being in the deceased’s employment at the date of his death (something that our client was unaware of at the time). The end date of our client’s employment was heavily contested by the Executors. It was a complex issue in the case because of the deteriorating health and hospitalisation of the deceased in the months prior to his death. Proceedings were issued under paragraph 64.2(a)(i) of the Civil Procedure Rules (as exemplified by PD 64A para 1(1)(b)(ii)) to ask the Court to determine a question arising in the administration of the estate – whether or not our client was entitled to the pecuniary legacy. A favourable settlement was negotiated shortly after proceedings were issued.