Details of some of our recent Contentious Probate cases:

Probate granted after dispute resolved
We acted for the executors of a Will in clearing off a caveat which blocked the administration of the estate. The matter was referred to us by their local solicitor, who felt unable to deal with the issues...

Successful challenge of the Will of an incapacitated man
We acted for the potential beneficiaries under the intestacy rules in challenging a Will drawn up by their reclusive uncle, a Norfolk farmer. Through careful investigation we were able to establish a case of incapacity...

• Taking an Inheritance Act claim on behalf of the Official Solicitor for someone lacking mental capacity, against an estate distributed in breach of trust and tracing assets placed in another trust.
• Recovering assets transferred under the joint tenancy rules out of an estate.
• Recovering a seven figure sum for an estate, where the assets had been moved into another’s name under a complex joint venture.
• Contesting a Will on the basis of lack of capacity, where the testator had a deteriorating illness prior to death, resulting in his being confused and lacking understanding as to the consequences of the Will.
• Advising on claims of undue influence.
• Clearing off a wrongfully placed caveat by way of a probate action, thereby allowing the administration of the estate to proceed.
• Advising a client where their rights under English intestacy rules stem from a marriage, valid in foreign law, but unlawful here.

Details of some of our recent Contentious Trusts cases:

Anthony Gold secure emergency freezing order for Official Solicitor
In a first for the Official Solicitor, Anthony Gold acted at very short notice to secure a freezing order on trust funds. On discovering that assets had been removed from a trust, the Official Solicitor appointed David Wedgwood to obtain an emergency freezing injunction prior to the trustee's release from prison. Assets were traced and secured for the disabled beneficiary days prior to the release date...

Dispute between pension fund members resolved
We advised a professional trustee of a pension fund, appointed by the regulator, to resolve a dispute between members. The dispute involved the valuation of members' share of the fund...

• Obtaining declarations under the Trusts of Land (Appointment of Trustees) Act as to a life interest in a property.
• Defending an action on the basis of proprietary estoppel, where there had been undertakings as to a family member’s rights in a property.
• Advising pension funds as to a dispute between members relating to fund entitlement.
• Obtaining a declaration as to the ownership of assets held in trust since 1956 without any written confirmation as to ownership.
• Taking a claim, on behalf of the Public Guardianship Office, for someone lacking mental capacity, for a breach of trust, where assets had been moved by a Delaware company to an Isle of Man Trust, who then misappropriated the assets.