Hugh James recover money for client following agreement which had not been formally recorded
Hugh James successfully pursued a resulting trust argument for a client over assets held by her partner’s estate. Our client had provided her partner with funds to renovate his property in preparation for sale, on the understanding that they would both sell their respective properties and use their combined proceeds to purchase their own jointly held property. Our client’s partner tragically passed away unexpectedly without leaving a will or any declaration of trust in respect of the property and so his estate passed on intestacy. As such, our client did not ostensibly benefit from his estate. We successfully argued at the pre-action stage that the funds provided by our client to her partner were held on resulting trust by the estate. As such, and without the need to issue court proceedings, these funds were returned to our client.
Claim against trustees for removal, breach of trust and restitution
Hugh James act for the son of the deceased in relation to a trust dispute, application for removal of trustees and breach of trust claim. Our client is one of the remainderman beneficiaries and there is a power in the will to appoint capital to the beneficiaries.
The potential defendants are both trustees and beneficiaries and it is contended that the trustees have made a number of bad investment decisions, failed to seek proper advice, failed to pursue a solicitor for previous negligence, appointed large sums of capital to the life tenant to the detriment of our client and failed to act in our client’s best interests.