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Answers to 14 Thorny Questions: Directly from 7 QCs, Senior Juniors and Solicitors of Outstanding Ability
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Wills and probate: Shaping new law into solution-focused answers for clients
Chaired by: Clare Kelly of Anthony Gold
Clare is a leading expert on contentious probate and Inheritance Act disputes. "She is exceptional - with a great eye for detail and second-to-none capacity to get to the heart of the matter."
How far can you push a court when removing - or protecting - an executor from an s16/s50 application (in the context of preserving estate assets)?
Answered by: Edward Cumming QC
Edward acted in Re K: a bitterly fought dispute over the administration of a substantial and high-profile estate. "He is so bright you get the feeling that there isn’t anything that he doesn’t know."
Which way is the wind blowing for proprietary estoppel claims with reference to (1) the clarity of the promise and (2) reliance?
Answered by: Penelope Reed QC
Penelope is a “staggeringly good advocate and an absolute pleasure to work with.” She is co-author of “Risk and Negligence in Wills, Estates and Trusts” and is a Deputy High Court Judge.
How are judges weighing this as a factor in 1975 Act claims since Ilott v The Blue Cross and why is this so significant for practice?
Answered by: Constance McDonnell of Serle Court
Constance acted for the executors of the estate of Lord Parkinson over 1975 Act claim brought by his illegitimate daughter. She is "technically brilliant for complicated probate disputes."
What is the court’s approach to capacity evidence and the particular difficulties of (1) distorted memories, (2) false beliefs, and (3) personality change?
Answered by: Mark Baxter of 5 Stone Buildings
Mark is “technically superb and very persuasive - one of the go-to barristers for probate matters.” He recently acted in a dispute as to which of various codicils were valid testamentary documents.
Who takes the movables?
How do you overcome the problems of domicile and intestacy?
Answered by: Kate Selway of Radcliffe Chambers
Kate is “bright, punchy and fabulous. She doesn’t sit on the fence: her advice is crystal clear.” She acted in a dispute between brothers, where one alleged undue influence over the father's will.
In borderline cases, what can you do to rescue the position over undue influence, financial abuse or the coercion of a testator?
Answered by: Matthew Hodson of Hardwicke
Matthew is a "standout rising star" with particular strength in contentious probate cases. Recent work includes a claim involving argument on inter vivos gifts and the presumption against double portions.
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All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500