John’s client, the Claimant, was in the process of negotiating a matrimonial finance settlement with her ex-husband, when the ex-husband died. This meant a complete change of applicable law, going from the Family Procedure Rules to the Civil Procedure Rules. The client was unsure whether or not she could/should issue proceedings in court, and if … Continue reading
Melanie was instructed to advise on the conflict between South African and English Law in relation to a Will, the correct interpretation of certain clauses of the Will and the disposal of assets of the Estate.
Dean was instructed to advise a client in relation to a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975. Dean’s client had been residing with the deceased, however at the time of his death the deceased remained married to another woman. Moreover the deceased had not amended his will since 1979 … Continue reading
Dean was instructed to advise a claimant in a dispute originally concluded by way of a mediation agreement in 2010. The agreement provided for one of the properties of an estate to be sold forthwith, until which time his client would reside in one of the other estate properties. Following the sale the client would … Continue reading
John acted for a Defendant business in a claim for breach of contract and negligence following the death of the proprietor, in which the Claimant sought to claim against the business, which was the estate of the deceased. The Claimant, the spouse of the deceased, sought to argue that amounts of money had been left … Continue reading
John was asked to advise the proposed Claimant in a potential claim against the proposed Defendants regarding the estate of the deceased. The deceased held a property portfolio with a value of £2m and the proposed Defendant ex-spouse of the deceased sought to administer the entire estate, having historically dealt with much of the administration … Continue reading
John acted in an advisory capacity to a large family seeking to claim against the estate of the deceased. Although a Will had been drafted, it had not been properly executed, and was therefore not valid. The beneficiaries sought to rely on the intestacy rules to claim the entirety of the deceased’s estate. This case, … Continue reading
Clive advised on the construction of the terms of a will and whether a claim for professional negligence arose from poor drafting.
Clive advised on an application to the High Court for the removal of a personal representative, where the executors could not agree.
Clive acted for a child in an Inheritance Act dispute involving a large estate in this country as well as significant assets abroad, which required assimilation of substantial quantities of paperwork. A significant issue in the case was whether the deceased had died domiciled in England and Wales.
Mike appeared in an action by adult siblings whose mother is over 90, suffers from dementia, and in a nursing home. The action by Mike’s client is to become a joint deputy with estranged brother who is at present the sole deputy – Mike’s client his anxious about her how brother is conducting their mother’s … Continue reading
Melanie acted on behalf of the Applicant for a discharge of a displacement order and continued detention under the Mental Health Act.
Melanie successfully acted on behalf of the Appellant, which involved extensive expert evidence and cross examination of the experts whereby the Appellant’s detention under the Mental Health Act was set aside.
Melanie represented the Respondent and executrix of a deceased estate in a three-day contested hearing before a High Court master. The case involved complex property and valuation issues.
John successfully represented a wife, arguing in favour of granting probate. His expertise was required because of the complicated nature of the case. John assisted his instructing solicitor in obtaining, analysing, and making use of historical medical reports for the testator. The court found that a testator did not have capacity to execute a Deed … Continue reading
John represented an applicant wife, arguing that there was no undue influence in a case in which the deceased had transferred his house into the joint names of himself and his wife. The family of the deceased husband had sought to argue that the wife applied inappropriate pressure to the husband in order that she … Continue reading
John acted for the trustees of a family trust in a claim for breach of trust by a constructive trustee. The constructive trustee claimed proprietary estoppel on the grounds that it was supposedly an implied term of agreement that the trustee would receive a share of residual funds. However, due to John’s argument that the … Continue reading