header-logo header-logo

29 May 2010
Issue: 7419 / Categories: Legal News
printer mail-detail

Time-bar ends brotherly squabble

A 13-year dispute between two brothers over a Devonshire farm left in a will has ended

A 13-year dispute between two brothers over a Devonshire farm left in a will has ended after the Supreme Court unanimously dismissed the appeal for being time-barred.

In Roberts v Gill & Co Solicitors and others [2010] UKSC 22, Mark Roberts and his brother John were beneficiaries of a will made by their grandmother, Alice Roberts. The will provided that if John paid all the inheritance tax due then a farm would pass to him, while another property would pass to his brother.

When the grandmother died, John paid some but not all of the inheritance tax, transferred ownership of the farm to himself, as administrator of the estate, and then sold it and used the proceeds to pay the remainder of the tax. Mark brought a legal claim against his brother and his brother’s solicitors, the two separate firms of Gill & Co and Whitehead Vizard.

The claim was framed in such a way as to allege that the duty of care was owed by the firms of solicitors to the appellant, Mark Roberts, personally. However, the correct legal position is that the duty of care is owed to the estate of the deceased. A beneficiary can only bring a claim where “special circumstances” exist.

The appellant applied to amend his claim to continue it on behalf of the estate. However, the justices ruled the amendment was time-barred under s 35 of the Limitation Act 1980.
 

Issue: 7419 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll