Our team has successfully defended another will dispute after two previous firms of solicitors failed to resolve the case.
Anya Hoyland of our specialist contested wills team has recently succeeded in defending another will dispute. The long-running case involved a dispute over the interpretation of a will and the beneficial ownership of estate property. It also raised an interesting question about when a settlement agreement in a will dispute is binding on the parties.
The will dispute
The dispute began five years before we were involved.
Our clients had previously instructed two different firms of solicitors to represent them in defending the claim, while their opponent had also changed legal representatives on three occasions. This meant that progress had been slow. The case had been close to settlement on several occasions, but each time negotiations would break down, resulting further delay.
When Anya was asked to take over the defence of the will dispute, she quickly reviewed the files of our clients’ former solicitors to ascertain the position. Then, through careful negotiation and clear advocacy, Anya was able to secure an out of court settlement, finally bringing the dispute to a close.
Reaching a binding settlement agreement in a will dispute
An interesting point arose during the claim regarding whether there had been a binding agreement between the parties in earlier correspondence. Indeed, prior to us becoming involved, it appeared that a settlement offer had been accepted. However, the parties had subsequently entered into further negotiations.
It is not unusual for settlement offers to be made “subject to contract”. This means that even if the offer is accepted, it is not binding upon the parties until a formal contract has been entered into (such as a Settlement Agreement). In such circumstances, it is therefore important to formalise an agreement as soon as possible, to ensure that neither party can change their position.
However, in this case, the offer was not made subject to contract. Therefore, there was no need for this to be recorded in contract before it became binding upon the parties.
It should be noted that there is a risk to a party who continues to enter into further negotiations, despite believing that an agreement has been reached. In such circumstances, they may be ‘estopped’ and prevented from relying on the agreement, on the basis that their further negotiations demonstrated that they did not consider themselves bound by it.
How we can help you with defending a will dispute
If you need assistance with defending a will dispute, or have any queries about whether a binding agreement has been reached, please contact our recommended solicitors for a free initial consultation.
