Wealthy Yorkshire family in court battle over mother's estate
Lawyers for John Kershaw claim his sisters, Julia Micklethwaite and Jennifer Barlow, have significantly underestimated how much Adrienne Kershaw was worth when she died and suggest it may be worth around double the official 2.9m valuation.
Barrister, Andrew Child, for Mr Kershaw, told Mr Justice Newey that how much Mr Kershaw gets depends on the probate value of the estate – and a lower valuation benefits his sisters.
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Hide AdThe net probate value of Mrs Shaw's estate has been put at 2.9m, but Mr Kershaw insists it is far higher.
He claims his mother's farm, High Greave, in Dore, Sheffield, could go under the hammer for 3m, while he says a block of flats is also worth up to 3m.
Mrs Kershaw, who was married to solicitor, Frank Kershaw, the founder of law firm Kershaw Tudor, also owned a string of other properties and land, including some in Birchover, Derbyshire.
She died in 2008. Mr Kershaw, who lives in France, wants his sisters, as well as his mother's accountant, removed as executors of the estate, and says they should be replaced by an independent professional.
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Hide AdUnder Mrs Kershaw's will, Mr Kershaw will receive two fifths of her fortune in cash, while former magistrate Mrs Barlow will get one fifth and Mrs Micklethwaite will get two fifths – both in property.
That, explained Mr Child, was why the valuation of the estate is crucial.
He argued there was a "conflict of interest" in having Mrs Micklethwaite, of Whitelow Lane, Dore, Sheffield, and Mrs Barlow, of Old Hay Lane, Dore, remain as executors.
Neither had acted in a way that "inspired confidence", said Mr Child, while Mr Kershaw had been "painted" as a "troublemaker".
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Hide Ad"Mrs Barlow and Mrs Micklethwaite have already been shown to have failed in their duty to properly identify and ascertain the true extent of Mrs Kershaw's estate," argued Mr Child.
However Francis Barlow QC, for Mrs Micklethwaite and Mrs Barlow, insists that their removal as executors would be "detrimental" to the administration of the estate.
Describing the claim as
"completely without merit", the barrister said that it was part
of a "long, personal campaign against Mrs Micklethwaite".
Mr Kershaw had an "unpleasant attitude" towards his sister, said the barrister.
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Hide AdIn the last seven years Mr Kershaw had started five court actions against Mrs Micklethwaite, added Mr Barlow.
Mrs Kershaw "agonised" over the identity of her executors, he said.
Mr Justice Newey has reserved his decision and will give his ruling later.