Jackson Lees Civil Litigation team have successfully secured a victory for their clients in the contentious probate dispute over the estate of the late Jane May Fergusson.

Ms. Fergusson had left behind a Will that outlined how her estate should be distributed among her children and close relatives. Mark and Siobhan Keilaus, who were children of the deceased, felt that the Will did not provide them with enough financial support. They contested the Will under the Inheritance (Provision for Family and Dependants) Act 1975, which allows family members and dependents to claim reasonable financial provision if they believe the Will does not adequately do so. 

Jane May Fergusson's estate was being managed by Nicola Houghton and Charlotte Jane Fergusson, Jackson Lees’ clients, who were both named as personal representatives in the Will. They were also beneficiaries, meaning they were set to receive a portion of the estate according to the Will's terms. The Keilaus side argued that their needs were not sufficiently considered in the Will, leading to the legal dispute. 

An important part of the case was about the steps taken to formally start the legal process. The claimants tried to send the necessary documents by first-class post and email, but they did this too late. According to court rules, these documents must be delivered within a specific time frame, which the claimants missed. 

Jackson Lees spotted that the Claimants had got this wrong and argued that the court should not consider the case because the claimants did not follow the required steps in time. 

The decision 

The court ruled in favour of the defendants. The judge said that the claimants did not take all the necessary steps to deliver the documents on time and therefore could not be excused for their delay. As a result, the case was dismissed. Jackson Lees clients were successful in the case. 

The court also ordered the claimants to pay the defendants' legal costs of £14,000 within 14 days. 

How we can help 

This case shows how crucial it is to follow procedural rules carefully in complex legal matters such as disputes over a Will. Procedural rules are the backbone of the legal system, ensuring fairness and order. They dictate how and when documents must be submitted, which can significantly impact the outcome of a case. Failing to adhere to these rules can result in the dismissal of your claim, as illustrated in the Keilaus vs. Houghton case. 

If you are seeking to raise or defend a Will dispute claim, Jackson Lees can help. Our team bring the expertise and experience needed to navigate these complex matters, ensuring that all procedural requirements are met. They provide strategic advice, draft necessary documents accurately, and represent your interests effectively in court. Without professional guidance, you may overlook critical steps, risking your case.

Contact us today on 0151 282 1700 or make an enquiry for expert advice and support.