Marilyn acts only in matters which are, or may become, contentious (preferably very contentious). However, matters involving wills usually also involve families at war, and therefore need to be managed with empathy and an understanding that there is usually more than money in issue. It is always preferable to settle such matters, but if they cannot be settled in a satisfactory manner, then they must be litigated with energy and tenacity.
Actions under this heading include claims under the Inheritance (Provision for Family and Dependants) Act 1975, usually involving widows and widowers, mistresses and lovers, and children of the Deceased; claims that a will was procured by undue influence, and/or that the testator lacked capacity, and/or that the testator did not know and approve of the contents of the will; and actions to remove trustees or executors and to hold them to account.
Recent Cases include:
- Acting for a widow in an Inheritance (Provision for Family and Dependants) Act 1975 claim against the very high value estate of her late husband, who had left her a relatively small sum outright and a life interest in the remainder. She obtained a substantial settlement which meant that she could live as she wished without the consent of the adult children of an earlier marriage of the Deceased’s.
- In a long trial, successfully defending an adult only child by the first marriage of the Deceased against the claim by the Deceased’s widow, his second wife, for a large share of her late husband’s estate in circumstances where the majority of his estate consisted of shares in a company which he had built up largely prior to his second marriage.
- Acting for the executors in a case involving an Inheritance (Provision for Family and Dependants) Act 1975 claim by a mistress against the estranged wife of the Deceased, and subsequently on the administration of the estate where the beneficiaries were in dispute with each other about its assets.
- Acting for a successful defendant, the only beneficiary of his father’s estate, in a claim brought by all his siblings alleging initially lack of testamentary capacity and lack of knowledge and approval, but ultimately alleging only undue influence.
- Acting for the divorced wife of the Deceased, who died young, in an Inheritance (Provision for Family and Dependants) Act 1975 claim in respect of their minor children against the Deceased’s widow. This involved questions of domicile and whether an estate was in fact considerable or insolvent.
- Acting in a claim, which was settled, including disputed beneficial interests in properties, as well as a claim that a will was procured by undue influence and that the testator lacked testamentary capacity, and which involved a protected party.
- Negotiating a settlement for beneficiaries of a trust who were in dispute with the trustees and with the other beneficiaries.
