Taylor Rose Successfully Defends Executor Clients in High Court Family Probate Dispute

Our Wills, Trusts and Probate Disputes Team is pleased to announce a successful outcome for our Executor clients, Jennifer Scott and Tanya Simister, following a three-week trial at the High Court in London.

About the Case

The case involved the estate (property and assets) of the late Richard Norman Scott. Richard had 19 children and made several wills in 2016. His last will left his estate to his wife and children, but excluded one son, Adam.

Adam Scott therefore brought several claims to court. He claimed he was entitled to the family farm and other land, saying his father had promised it to him. This claim was made against the estate and family members who were beneficiaries.

Adam also argued that Richard’s 2016 wills were invalid, saying his father had lacked testamentary capacity and did not understand or approve the wills.

Taylor Rose’s Role

Adam made a late application in May to have Jennifer Scott (Richard’s widow) and Tanya Simister (a family friend) removed as Executrices of the estate. Our team represented Jennifer and Tanya in defending this application, requiring urgent work in a limited time period before trial from our lawyers Sharon Macaulay, Georgia Langston and Jack Bristowe. Jennifer had separate representation from IDR Law in her capacity as a defending beneficiary of the estate.

Outcome

Adam Scott’s claim that he was entitled to the family farm based on a promise made to him by his father - known as proprietary estoppel - was rejected. The judge found that any promises made to Adam were withdrawn during Richard’s lifetime and that Adam had not suffered any net detriment when relying on these promises. Adam had been gifted another farm by his father whilst he was still alive, part of which Adam later sold for £8.75 million. The judge found that in any event, the end result that Adam found himself in was not unconscionable.

Adam’s challenge to the 2016 wills was also rejected. The judge found that Richard Scott had the testamentary capacity to make his wills, that they had been validly executed and that Richard understood what he was doing and so the wills were valid.

As such, our clients remain free to administer the estate as Executrices, which has been on hold for 7 years pending Adam’s claim.

The case highlights the importance of expert legal representation in complex, high-value family disputes. Taylor Rose’s Wills, Trusts and Probate Disputes Team is proud to have contributed to a successful outcome for our clients in this challenging case after such a long and emotionally-taxing time for them.

Sharon Macaulay, Partner and Joint Head of the Wills, Trusts & Probate Disputes Team, said: “Jennifer has suffered an awful lot of emotional turmoil over the past seven years through this highly contentious case. We are delighted that the judgment has finally brought some clarity and finality to the matter, and that - alongside other legal representation - we were able to contribute to a successful resolution for her, Tanya and the rest of the family”