Excuding future 1975 claims in court settlement

Trusts Discussion
1

One of my colleagues has asked me to raise the following question re a court case that is about to be settled. A client has two families from two marriages. There has been a bitter family dispute re a business. This is now being settled upon family B receiving several million from family A. I have been asked whether it is possible to include in the order a statement to the effect that the (adult) children will not bring an action against the father’s estate in future and that the settlement is in full and final settlement of any claims against him. I have seen such statements in court orders on divorce where there has been a clean break and see no reason why it couldn’t work here but it is not something I have ever done. Having fought this bitter contest about the family business the desire is to avoid probate litigation when father dies.

If anyone has done it/thinks it would be possible can you suggest some wording to incorporate in the order please?

Mrs J E Bennell
RLK SOLICITORS LTD

2

Unless the adult children are party to the action, or otherwise consent to the order, I do not believe it would be binding upon them.

Whilst upon divorce the parties may effectively waive their rights under the 1975 Act, I understand this relates only to claims by the divorcing parties. It does not prevent them perhaps bringing a claim, instead being a defence by the personal representatives and beneficiaries of the estate.

Paul Saunders