August 2023 Roundup

This is a snapshot of the matters I have been instructed on:

  • Appeared in the High Court for an application to rectify a will including an application to retrospectivley extend the time to serve a claim form.
  • Represented an ex-girlfriend who was successful in a one day trial in TOLATA proceedings in enforcing the judgment. The judge in that case had made an order for sale giving her the first opportunity to buy out her ex-partner’s share. The previous partner had not complied with the terms of the order thereby frustrating the sale of the trust property.
  • Advised in conference a claimant in TOLATA proceedings where there is an express declaration of trust but the Defendant is alleging an enhanced beneficial interest based on his deposit contribution.
  • Represented a landlord in a possession hearing on the basis of a section 21 ‘no fault’ eviction. The landlord had failed to initially protect the deposit and the tenant was evading service for the return of the deposit to frustrate the eviction process. Possession was granted after the judge concurred with the submissions in my skeleton argument notwithstanding the lack of binding precedent on this matter.
  • Advised in conference an administratrix concerning a claim by an illegitimate son of a deceased whose existence was kept a secret. The deceased died intestate and the administratrix invertedly administered the estate not in accordance with the intestacy rules. Discussed defences to claims of breach of trust and devastavit.
  • Settled an opinion regarding an inheritance act claim for a disabled adult child who is in receipt of significant public funds. There is concern that any award which might be made or any settlement agreed may prevent the disabled adult from being able to rely on public funds in the future.

Ash

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