Domestic Property Disputes

Property disputes arising in the domestic context frequently find their way into the civil courts. The Press frequently report how these claims take years in the hands of solicitors, ages to process through the Courts and cost exorbitant sums that frequently leave little or nothing left of what was being fought over.

Examples of such situations include:

  • Resolving the ownership of properties by those formerly in personal relationships but who were not married (i.e. claims under the Trusts of Land and Appointment of Trustees Act 2006 (“TOLATA”);
  • Disputes between family members and others over Wills; and
  • Disputes between family members and others as to the reasonableness of Wills (i.e. claims under the Inheritance (Provision for Family and Dependants) Act 1975 (as amended);

Each of these categories of claim shares the common characteristic, often remarked upon by judges trying the cases, that the amount over which the parties are litigating is often likely to be overtaken by the actual costs of the litigation. Common themes are fraud, forgery, incapacity, undue influence and controversial accounts about the intention the parties and representations made by them. Nevertheless, the issues in each type of case have usually crystallised at a very early stage. Consequently, the earlier the parties bring such cases to IE, the greater the potential savings that the parties can benefit from.

TOLATA

Many cohabiting unmarried couples make no explicit provision as to the ownership of the property in which they live and when the relationship breaks down (often the result of another relationship having been formed) disputes, if not inevitable, are commonplace. In the absence of clear declarations of trust, reliance has to be placed on the common intention constructive trust. Despite the interventions of the House of Lords and the Supreme Court this remains an uncertain area where early Independent Evaluation can be of enormous benefit to the parties by facilitating an optimal resolution years ahead of the outcome of prolonged, expensive litigation.

Disputed Wills

Although there may be a whole variety of different contentions when the legality of a will is challenged, identification of the issues usually occurs an early stage and a clear indication from an independent evaluator as to the likely outcome can cut through these issues and offer the prospect of an economic disposal of the matter before it becomes entrenched and prolonged.

Inheritance Provision

The 1975 Act provides for intervention when it is alleged the provision for a family member or a dependent is inadequate and that it would be reasonable to have made adequate provision. In this context, also, it is usually common for the issues to be apparent from the outset. Rather than investigate them through the process of litigation an independent evaluation can give a reliable indication of the likely outcome and avoid the often gruelling court process.

NB:
IE does not currently offer any services in relation to matrimonial property disputes dealt with in the Family Courts.