31 Jul 2012
JOAN V MARY AND CHRISTINE AS EXECUTORS AND TRUSTEES HC DUN CIV 2011-412-000214
- Citation
- openlaw-e930b083_3356_417b_9583_563438badad0.pdf
- Court
- High Court
Court found the 10% legacy to the plaintiff was inadequate given proven parental sexual abuse and failure of maternal protection; increased the appropriate provision to 20% of the estate (an additional 10%), but no further payment was ordered because the plaintiff had already received the equivalent amount following settlement with Mary; court found a breach of fiduciary duty by executors in distributing the estate in the face of a reasonable potential claim but mitigated that breach because of applicant delay and procedural choices, and therefore made no following orders though would have be…