Our TOLATA solicitors have won another claim, negotiating a successful settlement at mediation.
Hayley Bundey, a specialist inheritance and trust disputes solicitor, has succeeded in resolving another TOLATA claim on highly favourable terms for her client. On this occasion she won the case on behalf of the personal representative of one estate against the personal representative of another estate, in a case that involved a property transfer which took place many years previously.
Claims relating to historic events that took place long before someone passed away are are regularly pursued by our specialist team. They often form part of wider claims being pursued against an estate, or arise when when a questionable historic property transfer come to light during the course of administering an estate.
The pursuit of claims involving someone who has died can be complex, not least because direct evidence from the deceased is no longer a possibility. It is therefore all the more important that specialist solicitors are used. Experienced TOLATA solicitors will know how to prepare the case to maximise the prospects of success and be adept at negotiating out of court settlements.
Settlement in this case was reached at a formal mediation. As with most mediations in this field, they can be very emotive, dragging up events from many years ago. But the benefit of resolving a dispute at mediation is that it avoids airing the family’s ‘dirty laundry’ in court, as well as saving the costs, time and stress of taking the case to a trial when everyone is also grieving and needing to finalise the administration of an estate. Mediation also offers the parties an opportunity to factor into an agreement elements of estate administration which the court might otherwise not be able to resolve, such as the transfer of personal belongings and what is to be done with the deceased’s remains.
We acted on a conditional fee agreement basis, which is a type of no win, no fee agreement, but we also offer other forms of funding for TOLATA claims.