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England and Wales Case Law

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Probate

Nicola Anne Lowe v Lucy Daniells

The court declined to decide the disclaimer issue due to absence of substitute legatees as parties and insufficient evidence, but granted liberty to the claimant to distribute the residue on the footing that the defendant has disclaimed, protecting the claimant from liability.

  • Disclaimer of gift
  • Administration of estate
  • Personal representative liability
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Probate [2025] EWHC 3297 (Ch)

Lowe v Daniells

Lowe v Daniells [2025] EWHC 3297 (Ch) (17 December 2025)

The High Court considered whether a residuary beneficiary’s conduct amounted to disclaimer in an estate administration dispute and granted the personal representative protective liberty to distribute on that footing.

  • Disclaimer of gift
  • Administration of estate
  • Residuary legatee
  • Benjamin order
  • Probate
  • Estate-administration
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