The grandchildren beneficiaries of an estate brought a motion to set aside releases they had previously signed regarding the estate trustees' accounts, and to dispense with mandatory mediation for a subsequent passing of accounts.
The court dismissed the motion, finding that the attempt to set aside the releases was statute-barred under the Limitations Act, 2002, as it was brought more than two years after the releases were signed.
Furthermore, the court found no legal basis to set aside the releases, as they were signed under seal and there was no evidence of duress or lack of understanding.
The court also declined to dispense with mandatory mediation, noting its general utility in estate disputes.