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I write on the law, legal practice, and other matters of interest. I hope something here will be of interest or use to you. A caveat: nothing here constitutes legal advice. Hic sunt dracones.



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Date: Sep 27, 2014
Time: 11:47



"Avoid Litigation for Small Estates"

Avoid estate litigation when it comes to small estates, unless:

a) you're the aggrieved party;
b) the value of the estate justifies litigation; and
c) there's no other way around it.

The UK Supreme Court case in Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 51 & [2014] UKSC 2 describes, succinctly, why beneficiaries of small estates should avoid litigation:

I describe the case as unfortunate, because it has involved a hearing in the High Court, a hearing in the Court of Appeal, and a hearing in the Supreme Court, with each side represented by experienced counsel and solicitors, in order to reach a final decision as to how an estate of £70,000 is to be distributed. Even if the costs have been kept at a modest level at all stages, there is unlikely to be much, if anything, left in the estate if the only order in respect of costs which this court makes is that primarily sought by the respondents, namely all parties' costs being paid out of the estate.

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