Neale Turk succeeds in inheritance claim in High Court

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We are proud to have played a key role in the widely reported case of Shelley Frost, Gregory and Lee Gymer’s inheritance battle.

A brief summary of the case is detailed below.

In summary, our client’s Mum died first, without a Will (intestate), believing her estate would pass to her husband if he survived her, or directly to their three children. Our clients’ Dad had actively dissuaded their Mum from making a Will during their lifetimes, so Mum believed even if she died first, her estate would pass to Dad and then equally between their three children under the intestacy rules.

After Mum died, and at a time when Dad had already been sectioned due to vascular dementia, our clients found out their father had a long term mistress and two adult children by her. Dad then died very shortly after Mum, and his estate was shared 5 ways between all his children under the intestacy rules.

Our clients made a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from their Mum’s estate. They never disputed that Dad’s estate should pass equally between all his children. The main asset was a jointly owned matrimonial home worth around £450,000.

After a four day trial in London, the judge awarded around £170,000 back to Mum’s estate to be divided between Lee and Greg (he made no award for Shelley as he found she had no financial need, which is a factor under the statute the claim was based on).

You can read more about this case by following the link below:

https://www.dailymail.co.uk/news/article/Brothers-cheating-fathers-secret-family

Charlotte Searle acted for Shelley Frost, Gregory Gymer and Lee Gymer (the Claimants). Charlotte has been recognised in the Legal 500 for her work on contentious trusts and probate.

A big thank you to Charlotte for her hard work and dedication, and to our clients for placing their trust in us to assist with this complex and emotionally involved claim.

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