Background
Kat Moody acted for a Claimant in a property dispute involving a deceased’s estate. The case concerned a property forming part of the estate, which continued to be occupied by the Defendant, who was also a beneficiary of the estate.
The client sought to recover possession of the property and secure compensation for the Defendant’s continued occupation without payment or consent. The Defendant’s occupation was causing ongoing loss to the estate and preventing matters from being properly progressed.
The Challenge
The matter was not straightforward. Although possession was ordered by the court in April 2025, a further hearing was required in June 2025 to determine the outstanding issues of mesne profits and costs.
The case involved a number of challenges, including the Defendant’s long-running occupation of the property without payment, strained family dynamics and practical difficulties caused by delays within the court process.
Estate and property disputes can often be particularly sensitive, especially where family members are involved. In this case, Kat helped the client by progressing matters carefully and firmly, ensuring the claim was properly prepared and that the evidence was clearly presented to the court.
Our Approach
Kat built a clear evidential case to support the possession claim and the claim for damages for unlawful occupation.
This included serving formal notice to vacate, progressing possession proceedings and preparing written evidence to show the impact of the Defendant’s continued occupation on the estate.
Kat also ensured that the claim for mesne profits was properly supported. Mesne profits are a form of compensation that can be claimed where someone continues to occupy property without a legal right to do so, causing loss to the property owner or estate.
Throughout the matter, Kat provided practical advice and guidance to help the client navigate the legal process, manage the procedural hurdles and pursue a positive outcome despite the emotional and financial difficulties involved.
The Outcome
The result was a strong success for the client. The court decided the matter in the Claimant’s favour, awarded damages for occupation of the property and ordered the Defendant to pay full costs.
This outcome allowed the client to move the matter forward and ensured that the estate was compensated for the period of unlawful occupation.
This case highlights the importance of taking early legal advice where a property forming part of an estate is being occupied without consent.
Where occupation continues and causes ongoing financial loss, it may be necessary to take formal legal action to recover possession, claim compensation and protect the interests of the estate.
It is also a good example of how careful preparation, clear evidence and persistence can achieve a positive outcome, even where a dispute involves emotional sensitivities, procedural obstacles and contested financial issues.
HOW CAN WE HELP
Our Dispute Resolution team regularly advises clients on property disputes, estate-related disputes and claims involving unlawful occupation.
We can assist with:
- possession claims
- disputes involving estate property
- claims for mesne profits or damages for unlawful occupation
- disputes between beneficiaries or family members
- contested property and financial issues
- court proceedings and enforcement
If you are dealing with a dispute involving estate property or someone occupying a property without consent, our team can provide clear, practical advice on the options available to you.
To speak to a member of our team, contact Richard Reed Solicitors today.