Trusts & Probate

Our barristers have experience in matters relating to wills and probate in the County Courts and the High Court. Members accept instructions in a range of probate cases for both Claimants and Defendants, including, in appropriate cases, on CFA. Our recent experience includes: 

• Actions for inventory and account 

• Actions to remove executors; 

• Actions against executors for breach of trusts, negligence, devastavit and wilful deceit; 

• Actions to recover estate assets from beneficiaries and third parties; 

• Summons to show cause why caveat should not cease to have effect; 

• Claims under the Inheritance Act 1975; 

• Claims which challenge the validity of wills, including on grounds of testamentary incapacity, fraud and undue influence; 

• Disputes under CPR 64 relating to the administration of estates; 

• Disputes relating to costs; 

Our barristers also have recent experience in related private-client claims including: 

• Applications under the Trusts of Land and Appointment of Trustees Act 1996 (“ToLATA”) relating to  

• Proceedings following the dissolution of business partnerships.  

• Section 994 petitions alleging the unfair prejudice of minority shareholders. 

The fact our probate members enjoy multi-disciplinary practices is of notable benefit to our clients. In particular, our barristers have deep experience in cases with complex medical evidence. In a large number of probate cases the validity of a Will or an asset transfer shortly before death will depend heavily on the court’s analysis of the deceased’s state of health. We can guide clients through the expert process, from instruction to cross examination in probate cases involving the expert opinions of gerontologists, psychiatrists and psychopharmacologists.  

Our barristers know that for many families, a probate dispute will be fraught with stress and grief and may also be their first experience of litigation. Our extensive court experience enables us to bring tactical judgment to cases; and our personable approach will help guide families through the litigation process with confidence and empathy.