August 10, 2015

Royds client wins legal fight against her brother to keep her London flat

A woman represented by Royds Solicitors has won a lengthy legal battle against her brother to keep her £800,000 flat.

Interior designer Sunita Day had been disinherited by her mother, the restaurateur Pamela Russell, who died in 2013.

All of the businesswoman’s £2.5million assets had gone to Mrs Day’s older brother, Rajan Russell, although she had kept the Battersea flat that her mother had given her many years earlier.

Mr Russell, who worked as a financier, had argued that the home should have been included as part of their mother’s estate and in fact should have passed to him under the terms of the Will.

The circumstances surrounding the dispute were set out in a four-day hearing, which took place a few weeks ago at Central London County Court.

The Judge ruled that while Mrs Day had not been subjected to “duress and undue influence” by either her mother or older sibling, the 45-year-old was still entitled to keep the flat – gifted to her when she was in her 20s.

Mr Russell was only due a £55,000 stake, reflecting the fact a mortgage had been paid off by their mother. The brother was also ordered to pay the lion’s share of his sister’s legal costs.

The Dispute Resolution team offers a comprehensive legal advice and litigation service for individuals, trustees and professionals who find themselves involved in disputes arising out of Wills, trusts and probate issues.

For more information please contact Stewart Wilkinson or Chris Rodda.

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