This question involves both probate and trust of land proceedings. We act for a client in trust of land proceedings following a breakdown of his relationship. Our client is claiming a 21% share of his ex-partner’s property and at a hearing last year the Court agreed that he does have an interest, but postponed judgment on quantum until a later date. Sadly, our clients ex-partner died suddenly before this hearing took place. She died intestate, leaving one child. The child is a child of the relationship and now lives with our client. In usual circumstances it would fall to our client to apply for a Grant for the child’s use and benefit, but until the trust of land proceedings are concluded, there is a conflict.
Following her death the Court ordered that the Deceased’s parents and siblings should be invited to represent the Deceased’s estate in the trust of land proceedings, and also to apply for a grant on the child’s behalf. Unfortunately, all of the family have declined and do not wish to be a party to the proceedings or the estate administration. Meanwhile the property remains empty. We will of course now look to the court for further instructions but would welcome anyone’s thoughts in the meantime. Could the court in these circumstances proceed with a judgement on quantum without representation? Further, can an application for a Grant be postponed until such time as the issue of quantum is resolved?
Gail Weston
WMB LAW SOLICITORS