Claims by personal representatives and beneficiaries

Dealing with bequests that arose from negligence

When someone dies, disputes regarding lifetime transfers of assets can arise. A personal representative has a duty to investigate suspicious transactions and the value to do so can give rise to claims of negligence and breach of duty.

Examples of lifetime transfers which may be open to challenge include transfers of property following the application of undue influence on the deceased by a third party.

By way of illustration, threatening to withdraw care from an elderly person unless they agree to transfer their property to someone during their lifetime would potentially be open to challenge. If someone obtains a gift of cash by taking advantage of the deceased who was suffering from a mental condition could also potentially be open to challenge.

If you require further information as to how we may help you resolve your dispute or to bring or defend a claim please click here to email us and provide brief details of your problem and we will contact you to discuss whether we can help you and, if so, how.

Our Locations

Braintree - 01376 326868

Cunningtons LLP in Great Square and Tofts Walk in Braintree, Essex, is the head office for Cunningtons Solicitors across the UK. Established in 1748, the Braintree head office in Great Square is still in its original offices. This amounts to almost 300 years of Experience and Tradition.

The Senior Partner at Cunningtons’ Braintree office is David Drake. Paul Fenton is the Joint Managing Partner. He, along with Johanna Withams are the residential conveyancing partners at the Braintree practice. They are supported by qualified Solicitors and Licenced Conveyancers.

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