Case brief Kadiev v Petrov

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David Hawke achieves outstanding result for another Owen Hodge client.

The decision in Kadiev v Petrov [2023] demonstrated how David Hawke protected his client, as the executor of a will, from unfounded claims upon the estate.

The basis of the claim was that the deceased and the husband of the defendant undertook renovation work on a property 25 years ago and that the sale price of the property was achieved partly due to the renovation work undertaken by the husband of the defendant and the deceased.

By serving a notice disputing the claim on the defendant, the defendant was given three months to prosecute the claim, at which point the plaintiff could apply for an order barring the claim.

David Hawke obtained this barring order for his client, meaning that the defendant is barred from making any claim against the plaintiff as executrix of the estate. Further, the court ordered that his client’s costs of the proceedings, calculated on the indemnity basis, be paid out of the estate of the deceased.

Another excellent result for Owen Hodge clients!

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