Contentious probate
The firm has substantial experience in successfully advising Claimants, Defendants, Executors and Administrators on probate and administration disputes. Tracy Harris, a partner in the Commercial Litigation & Dispute Resolution department, deals with a wide variety of contentious probate matters and is supported in the probates and trusts disputes team by James Carpenter and Janice Young in the department.
The disputes team works closely with the Wills, Probate & Tax Saving Strategies team team , notably lead partners Richard Crocker and Alison Voyce. Their experience of non-contentious wills, probate, trust and administration issues ensures that potential problems are recognised and discussed early with the disputes team.
A key priority for the disputes team is to explore cost effective and early resolutions to problems. In matters involving claims under the Inheritance (Provision for Family and Dependants) Act 1975, any claim must be brought within six months of the issue of the Grant of Probate and timely advice in such matters is, therefore, of the greatest importance. A successful outcome is often achieved when the Draft Pre-Action Protocol for the Resolution of Probate and Trust Disputes is followed.
The disputes team welcomes enquiries on all types of probate and administration matters, and will always consider if a matter should be pursued at the outset with clients or professional referrers.
Examples of successful matters handled:
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Acting for Claimants, Defendants and Executors in proceedings under The Inheritance (Provision for Family & Dependants) Act 1975, including a claim on behalf of a cohabitee against The Treasury Solicitor (the deceased having died Intestate) and obtaining an order that our client received the entire Estate.
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Dispute between Executors appointed under a Will. Advising upon applications under Section 116 of The Supreme Court Act 1981, for the Court to pass over those entitled to take out a Grant, and under Section 50 of the Administration of Justice Act 1985, for the Court to replace the existing Personal Representatives.
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Claims to challenge the validity of Wills and Codicils, including issues of want of knowledge and approval, undue influence and lack of testamentary capacity.
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Issuing an application on behalf of the Executors for determination by the Court of the true construction of a Will and obtaining the approval of the Court to a Consent Order in a claim involving 18 Defendants, a number of whom were charitable beneficiaries of a potentially void legacy.
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Application for orders under the Trustee Act 1925 for the appointment of new Trustees in place of a sole Trustee accused of criminal offences, who had absconded and was being sought by the police. Obtaining an order as sought, endorsed with a Penal Notice, replacing that Trustee and ancillary orders preventing him from dealing with Trust assets.
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Advising Executors in a potential claim in respect of the deceased's interest in a jointly owned property.
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Advising in a claim on behalf of the Estate against a co-Executor who had guaranteed loans by the deceased. Obtaining Summary Judgment in respect of the liability of the Defendant, including an order that the Defendant be replaced as co-Executor.
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Acting for Claimants in successful proprietary estoppel claims.
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Advising in a potential claim challenging the validity of a Will including allegations of undue influence and lack of testamentary capacity, which was settled pre-action on the basis that the client received her full entitlement under the previous Will.
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Acting in a dispute on behalf of Executors where the deceased entered into a complicated scheme shortly before her death for the apparent purpose of avoiding Inheritance Tax, including issues of sham trusts, undue influence and misrepresentation.
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Advising two Executors as Defendants to a claim, where those Executors were also beneficiaries of the Estate and where their interests conflicted.
