Probate & Inheritance Cases

Successful challenge to a Will

Paul acted for beneficiaries under a Will where there was a claim by the deceased’s husband for reasonable financial provision under the Inheritance (Provision for family and Dependents) Act 1975. The Will gave the husband, who had significant long-term health issues, only £5,000 from an estate worth approximately £1 million (and allowed £16,000 for the Continue reading

Advising on inheritance where there is a previous marriage

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

Advising on a breach of mediation agreement

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

Defending a claim for breach of contract and negligence

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

Making a claim on an estate

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

Advising a family on intestacy rules

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

Acting for a child in Inheritance Act dispute

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.  

Court of Protection

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

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.

Securing probate for a wife in a contested Will

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

Acting for family trustees against a constructive trustee

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