Jade Smith

Myerson represented Mr Canarapen in High Court proceedings against Mrs Gauchenot, securing a declaration that a Deed of Variation she had executed in his favour was valid, effective and binding.

The dispute concerned the £1.7 million estate of Mrs Gauchenot’s late mother, including a substantial Fulham property.

Following her mother’s death, Mrs Gauchenot reconnected with her nephew, and he assisted her with the estate, including overseeing repair works to the property. Mrs Gauchenot, who has no children of her own, subsequently executed a Deed of Variation transferring her entire one-third interest in the estate to him.

When relations later deteriorated, Mrs Gauchenot sought to revoke the Deed. Myerson’s Contentious Probate team acted for Mr Canarapen in issuing a claim for a declaration confirming the validity of the Deed.

At trial before Master Pester, Mrs Gauchenot argued that the Deed had not been delivered and was executed under a mistake.

The Court rejected all arguments, finding that she had unequivocally delivered the Deed and that her alleged misunderstanding fell far short of a mistake warranting rescission.

A late application to amend her defence to allege that the delivery of the Deed was subject to conditions was also refused.

The Court declared the Deed of Variation to be valid, effective and binding, confirming that a properly executed and delivered Deed cannot later be revoked.

Securing a Granddaughter's Inheritance and Removal of Executor in High Court Victory

Myerson's Contentious Probate team successfully represented Miss James in a High Court dispute over her late grandmother's estate, securing her rightful inheritance and the removal of her uncle as executor.

The dispute arose following the death of Miss James' grandmother, whose will had been prepared in 1994. Miss James' father had died before his mother, and her uncle argued that he was entitled to inherit the entire estate, excluding Miss James from receiving her father's share.

Our Contentious Probate team, led by Associate Jade Smith, instructed Tomos Rees of 5 Stone Buildings to represent Miss James in proceedings. The case centred on the interpretation of section 33 of the Wills Act 1837, which protects the inheritance rights of descendants where a beneficiary dies before the person making the will.

The High Court ruled in Miss James' favour, confirming her entitlement to her late father's share of the estate. The Court also ordered the removal of her uncle as executor, appointed Miss James as the replacement personal representative and ordered her uncle to account for his administration of the estate and pay her legal costs.

The judgment highlights the importance of clear will drafting and demonstrates Myerson's expertise in resolving complex inheritance and executor disputes.