Specialist TOLATA claim lawyer, Naomi Ireson, wins at trial.
Naomi Ireson has recently recovered over £200,000 in a TOLATA claim after winning a strongly defended case at trial.
Naomi represented the claimant, who was acting as personal representative for the estate of her late father, to recover money from her brother in his capacity as personal representative in their mother’s estate.
She claimed a legal interest in a property purchased by the brother on the basis that he had used trust money that was due to their late father’s estate.
Naomi dealt with both the TOLATA claim (brought under the Trusts of Land and Appointment of Trustees Act) and the defence the brother’s challenge to the legal validity of their mother’s Will on a no win, no fee basis.
In most of the cases we deal with, common sense prevails, and claims are settled out of court without the expense of a formal trial. However, Naomi’s opponents in this case refused to recognise the strength of the legal arguments she was presenting, and accordingly it was necessary for a judge to make a ruling.
The case was determined following a five day trial in the Central London County Court, with the presiding judge concluding that the estate property was indeed held on trust, just as Naomi had asserted. The Judge also declared that the mother’s Will was valid, again upholding Naomi’s interpretation of the law.
The brother was ordered to pay the all of the legal costs of both claims. And as Naomi’s client ‘beat’ a settlement offer she made before issuing court proceedings, the Judge awarded Naomi an uplift on the legal costs, which the defendant was ordered to pay.
Following the trial, Naomi assisted her client in forcing the sale of the estate property. She has already recovered in excess of £218,000, and further money will be sought and recovered from the brother, again on a no win, no fee basis.
If you are involved in a trust dispute and are looking for an experienced TOLATA claim lawyer with a track record of success, then contact the experts for a free case review and details of No Win, No Fee funding