Shropshire lawyer wins rare high court inheritance case
An admired Shropshire lawyer has won a significant case in the High Court – a case which could help change the approach to future inheritance legal challenges.
Will dispute specialist Robert Weston was successful in the recent three-day High Court trial on behalf of his client who was to receive almost nothing under his Grenadian-born mother’s Will.
During the case, Mr Weston had to prove that his client’s mother had shed her Grenadian domicile, becoming a naturalised British citizen by the time she died in 2008 after relocating permanently to the UK in the 1950’s.
If she was found not to have been domiciled in the UK, then Mr Weston’s clients’ claim under the Inheritance Act (1975), would have failed.
Mr Weston successfully mounted the claim against his client’s mothers’ estate by proving, mainly through NHS records and witness statements, that his client’s deceased mother had no intention of ever moving permanently back to her country of birth – remaining instead in England.
It’s a rare court success which may have a knock-on effect on future inheritance cases by setting a precedent judges must seriously consider.
Mr Weston, partner at Telford law firm MFG Solicitors, said: “This was a complex case where in many ways the odds were stacked against my client, but it showed that with detailed and lengthy preparation we were able to succeed.“
Mr Weston’s successful case win has been cited in case law and will be used as a reference in future court cases due to its unique result. Case citation is the system used in the UK to identify the decisions in landmark court cases.
He added: “The preparation for the case was extremely detailed and lengthy because of its intricate nature and obvious sensitivities.
“It has been a high profile case in many corners of the legal world so as a Telford-based firm we are obviously delighted our work, our approach and the result have been recognised on a national scale.”
