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Wills and probate

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04 January 2007 / Helen Peacock , Paola Fudakowska , Paul Hewitt
Issue: 7254 / Categories: Features , Wills & Probate
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Paul Hewitt, Paola Fudakowska and Helen Peacock discuss contested wills and claims against personal representatives

Limitation period for claims against personal representatives
 Angela Green (1) Sheila Ross (2) Katherine Toms (3) v Margaret Gaul (1) Michael Loftus (2) Dexter Gaul (3) [2006] EWCA Civ 1124, [2006] 4 All ER 1110

Ivor Loftus died on 11 August 1990 apparently intestate. He had six children, one of whom predeceased him leaving no issue. Letters of administration were granted to Margaret Gaul (M), Loftus’ daughter, without the knowledge of her siblings. The judge at first instance referred to a “culture of dishonesty” evidenced by tax evasion and imprisonment of one of the protagonists for fraud. At first instance both sides were found to have lied under oath.
The dispute centred around a builder’s yard which M claimed she had been allowed to retain under a compromise agreement concluded by the family in May 1992. Following this, M assented the yard to herself and in 1999 transferred it to her son Dexter Gaul (the third

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