Studdert (deceased), Re The Estate of

Studdert (deceased), Re The Estate of

Where there is a real prospect that the deceased committed historic sexual assault giving rise to potential claims against the estate, personal representatives must take reasonable, practical, and staged steps to identify and notify potential claimants, including targeted notifications, seeking information from relevant institutions, and establishing multilingual online resources, before distributing the estate. A bar on distribution is justified until such steps are taken and a reasonable opportunity for claims is provided.

Parties
Claimant: Peter James King; Claimant: Daniel Martin Valentine; Defendant: Julian Bewick; Defendant: Fergus William Murison; Defendant: Daniel Martin Valentine; Defendant: Christopher Stafford
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Probate/trusts (directions in Administration of Estate) / Judgment on Application for Directions
Outcome
Directions given; distribution of net estate barred until further order; claimants to take further steps to identify potential claimants.
Legal Topics
Administration of Estates, Liability for Historic Abuse Claims, Directions to Personal Representatives, Unascertained Creditors, Distribution of Estate
Probate Trusts and Estates Personal Injury Administration of Estates Liability for Historic Abuse Claims Directions to Personal Representatives Unascertained Creditors Distribution of Estate

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Parties

Peter James King

Claimant

Daniel Martin Valentine

Claimant

Julian Bewick

Defendant

Fergus William Murison

Defendant

Daniel Martin Valentine

Defendant

Christopher Stafford

Defendant

Procedural Posture

Probate/trusts (directions in Administration of Estate) / Judgment on Application for Directions

Legal Issues

  1. 1 What steps must personal representatives take to identify and provide for potential claims by unascertained creditors, specifically survivors of historic sexual abuse, before distributing the estate?
  2. 2 What directions should the court give to ensure reasonable opportunity for such claims to be made?

Ratio Decidendi

Where there is a real prospect that the deceased committed historic sexual assault giving rise to potential claims against the estate, personal representatives must take reasonable, practical, and staged steps to identify and notify potential claimants, including targeted notifications, seeking information from relevant institutions, and establishing multilingual online resources, before distributing the estate. A bar on distribution is justified until such steps are taken and a reasonable opportunity for claims is provided.

Court Disposition

Directions given; distribution of net estate barred until further order; claimants to take further steps to identify potential claimants.

Orders

  • Claimants to set up and maintain dedicated websites in English, Polish, Danish, and Italian with details of the deceased, his convictions, and contact facility for claimants.
  • Claimants to create and maintain social media entries in relevant languages to signpost potential claimants to the website.