Wills and Probate: Shaping New Law into Solution-Focused Answers for Your Clients

Financial abuse

Supported by case-law and practical examples, how do you control - and overcome - the difficulties with financial abuse of the elderly cases?

Answered by: Penelope Reed QC

Penelope is a “staggeringly good advocate” who appeared in the Crociani v Crociani Jersey trust litigation. She is author of Trusts and Estates Law Handbook.

Cowan and Bhusate

When is it safe for you to distribute an estate given that an out of time claim is possible? Should you enter into a standstill agreement immediately?

Should you issue protectively?

Answered by: Kate Selway QC

Kate is "one of the most effective wills and probate barristers at the bar - she produces superb results." She brings a vast number of closely watched cases to the table.

Testamentary freedom

Since Ilott v The Blue Cross, what counts and will sway a court in establishing a testator’s intentions in challenges to a will under the 1975 Act?

Answered by: Constance McDonnell QC

Constance acted in the landmark 1975 Act case of Ilott v The Blue Cross in the Supreme Court. “She is a star and technically brilliant for complicated probate disputes."

Capacity evidence

What - right now - 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: Julian Shaw of St John’s Buildings

Julian “continues to impress with his stellar wills and probate practice.“ “He has phenomenal judgement and an unerring instinct for what the courts might do.”

Proprietary estoppel

How has Guest v Guest (2020) changed current thinking on how the court determines an award in proprietary estoppel cases?

What is realistic and achievable for your clients?

Answered by: Mark Baxter of 5 Stone Buildings

Mark is “one of the go-to barristers for probate matters.” He acted in Randall v Randall on standing to challenge a will and is co-author of “Risk and Negligence in Wills, Estates and Trusts.”

Conduct

How do you gain an edge for your client when contending with attorneys/deputies/executors/trustees suspected of financial abuse and recovering misappropriated monies?

Answered by: Matthew Hodson of Hardwicke

Matthew is a "standout rising star" with particular strength in contentious probate cases. Recent work includes claims over inter vivos gifts and the presumption against double portions.

Settling and mediation

How can settlement and/or mediation best resolve trust disputes or trust actions, particularly those involving fraud and/or conspiracy?

Answered by: Anthony Trace QC

Anthony won "Mediator of the Year", Innovation and Excellence Awards 2019, and "Mediator of the Year-England", Global Law Experts Awards 2020. He is Head of Mediation at Unity Legal Solutions.