header-logo header-logo

23 June 2020 / Constance McDonnell KC
Issue: 7892 / Categories: Features , Wills & Probate
printer mail-detail

Wills & probate: Beware the beneficiary

23166
When a beneficiary becomes a wolf in sheep’s clothing: Beddoe relief & derivative claims, examined by Constance McDonnell QC
  • Bringing a claim: motivations of a beneficiary v a PR.
  • Roberts v Gill: principles of bringing a claim.
  • Beddoe applications: time to consider the possibility of a derivative claim?

It is not uncommon, indeed probably the norm, for a beneficiary to have stronger motivation than a personal representative to bring a claim on behalf of an estate where that beneficiary has personal knowledge of a perceived wrong done to their deceased relative and/or where the value of that beneficiary’s inheritance would be substantially affected by a successful outcome to the proposed claim. Subject to their resources, the beneficiary may therefore be more likely to be prepared to take up the cudgels on behalf of the estate and to pursue the claim with all necessary resources than an understandably more cautious PR.

Principles

It is now well settled that a beneficiary can bring a derivative

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll