Cally Brosnan is an associate in the trust and estate disputes team.
She acts for claimants and defendants on a variety of disputes relating to wills, estates and trusts including estate administration disputes, challenges to the validity of wills, claims made pursuant to the Inheritance (Provision for Family and Dependants) Act1975 and property ownership disputes.
Cally joined Russell-Cooke as a trainee in March 2020 and qualified as a solicitor in March 2022. During her training contract, Cally gained experience across the firm’s commercial litigation and property litigation teams as well as the non-contentious private client team.
- Estate administration dispute: Cally assisted in the mediation of a longstanding estate administration dispute on behalf of the principal residuary beneficiary of the estate, a charity. The administrators had lost control of the administration of the estate to the extent that they were unable to account for the assets. This necessitated a claim for an account on the footing of wilful default which was then converted into a Part 7 claim to include claims for equitable compensation based on breaches of fiduciary duty and/or trust and/or negligence. The mediation resulted in a six figure settlement sum for our client in addition to the payment of our client’s legal costs in full.
- Estate administration dispute: acting for the co-executor and 50% residuary beneficiary of an estate in a dispute with the co-executor of the estate who was refusing to take active steps to advance the administration of the estate and was intimating claims against the estate. Owing to the delays on the part of the co-executor, possession proceedings were issued by the lender in relation to the property. Following successful negotiations with the bank and co-executor, the proceedings were adjourned and the co-executor agreed to the sale of the property enabling the estate administration to be finalised.
- Will challenge: assisted in advising the adult daughter of the deceased in relation to her proposed Will challenge on the basis of want of knowledge and approval. The entirety of the estate passed to the deceased’s partner contrary to a trust deed which carved out the deceased’s interest in a jointly owned property for the benefit of her children, and contrary to the wishes expressed by the deceased during her lifetime as to our client’s benefit under the estate. The matter was resolved following successful negotiations in correspondence.
- Estate administration dispute and removal of personal representative: assisted in advising the daughter of the deceased in relation to her claim against the personal representative of the estate for an account of his dealings with the estate, in circumstances where the personal representative has not provided or disclosed adequate information regarding the financial position of the estate. Advising the client in respect of an application pursuant to s50 Administration of Justice Act 1985, to remove the executor of the estate.
- Property ownership/Inheritance Act claim: acting for the executor and sole beneficiary of an estate in relation to a property trust dispute relating to the principal asset in the estate and defending a claim intimated by the client’s siblings against the estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
- Property trust dispute: K v N  unreported: Assisting in a property trust dispute acting for the Claimant where we successfully obtained a declaration in our client’s favour as to 100% beneficial ownership of a disputed property, securing costs on the indemnity basis.
- Domicile dispute: assisting in an ongoing domicile dispute acting for the wife of the deceased in defending a claim brought by her step-son who contested the deceased’s domicile at the time of his death, and asserted forced heirship rights.
- A member of Contra (the network for Contentious Trust Associates)