Last Updated on 16th September 2026
Naomi Ireson assists Fraser and Fraser in successfully recovering assets from the Court Funds Office.
Fraser and Fraser, one of the world’s largest firms of probate genealogists and international probate researchers, were personal representative of an intestate estate. Acting on their behalf, specialist inheritance lawyer Naomi Ireson successfully recovered the estate’s entitlement to the proceeds of a property sale that had remained locked in the Court Funds Office following a dispute over ownership.
The estate assets held by the Court Funds Office
The case concerned the estate of David Donald Walker, who died intestate in 2021. Prior to his death, a property in Salisbury had been jointly owned by Mr Walker and his former wife, from whom he had divorced many years earlier. Following repossession and sale of the property, the net proceeds were paid into the Court Funds Office. When an application was later made for release of the funds, a competing assertion was made that the former wife was entitled to the entirety of the proceeds.
Despite repeated requests over an extended period, no evidence was produced to support that claim. Correspondence, court applications and pre-action steps failed to prompt any substantive engagement, ultimately requiring court proceedings to be issued to determine ownership of the funds.
Court action for recovery of the estate assets
Fraser & Fraser pursued a claim seeking a declaration as to the beneficial ownership of the property and an order for the release of the funds. The court was invited to conclude that the property had been owned by the couple in equal shares, notwithstanding their divorce and the subsequent sale.
At the final hearing, the defendant did not attend. The court accepted the claimant’s case and declared that the property had been held by the deceased and his former wife as tenants in common in equal shares. The court further ordered that the Court Funds Office release the proceeds accordingly, ensuring that the estate recovered its 50% entitlement.
In a further success for Fraser & Fraser, the court also ordered the defendant to pay the claimant’s legal costs of almost £10,000, with those costs being deducted from the defendant’s share of the funds and paid directly to the estate.
How we can help you recover estate assets from the Court Funds Office
This case demonstrates the importance of specialist probate and estate administration legal expertise, where assets remain tied up because of disputed ownership claims. Through investigation, strategic litigation and effective court representation, we secured a favourable declaration for our client, confirming the estate’s rights, recovering the estate’s share of the proceeds and obtaining a costs order in the company’s favour.
Naomi was pleased to work alongside Fraser and Fraser in achieving this successful outcome for the estate and its beneficiaries.
Our team of SRA-regulated solicitors, which has been ranked number one in the UK for contentious trusts and probate claims, will be happy to discuss your case with you free of charge and explore the funding options that are available.