Contentious Probate 2024 : Shaping New Law into Solution-Focused Answers for Your Clients

Programme

1. Chair's Introduction

   Contentious Probate: Shaping new law into solution-focused answers for your clients

   Chaired by James Lister of Stevens & Bolton

   James was shortlisted as “Partner of the Year” at the Citywealth Awards and one of Legal Week’s Private Client “Ones to Watch.” "He brings extraordinarily good insights."

2. Handling financial abuse cases

   How do you gain an edge for your client when handling financial abuse cases, including dodgy attorneys and predatory marriages, and recover misappropriated monies?

   Answered by Alex Troup KC

   Alex is “a star of probate”, “among the most skilful barristers” with “a real commercial brain”. He acted in the high-profile Hughes v Prichard (2022) litigation.

3. Costs And 1975 Act claims

   In view of recent case law, how likely is the Court to treat costs and CFA debts as part of “financial needs” in 1975 Act claims?

   Answered by Constance McDonnell KC

   Constance acted in the Court of Appeal in Hirachand v Hirachand (2021). She is "an absolutely stellar advocate, technically brilliant for complicated probate disputes."

4. Problems with capacity evidence

   How do you control - and overcome - the problems with capacity evidence and turn the scale in your client's favour, following the spate of recent cases?

   Answered by Kate Selway KC

   Kate is "one of the most effective wills and probate barristers at the bar - she produces superb results.” She is author of “Establishing Fraudulent Calumny.”

5. Challenging Trustees' decisions

   What are creative ways of challenging trustees’ decisions and securing a favourable outcome for clients, supported by case law and practical examples?

   Answered by Matthew Hodson of Gatehouse Chambers

   Matthew is a "standout rising star" with particular strength in probate cases. He is “just the kind of lawyer you want on your side” and sits as a Deputy District Judge.

6. Personal representatives

   How do you contend with - or defend - personal representatives battling with each other, including probate applications, letters of administration and strategic use of caveats?

   Answered by Alexander Learmonth KC

   Alexander won ‘Advocate of the Year’ at the STEP Private Client Awards. "He is just so dynamic, always seeing an angle that improves the client's position."

7. Going beyond Guest v Guest

   To what extent will the courts apply the decision from Guest v Guest, but reduce the award due to proportionality and/or unreasonableness, and by how much?

   Answered by David E Grant KC

   David is “a first-rate silk and a superb speaker and communicator.” “He makes a technical and complex area appear quite simple and straightforward.”

8. Early onset dementia

   With early onset dementia becoming an ever increasing reality, how do you protect yourself and the testator from attack on the grounds there was cognitive impairment?

   Answered by Oliver Ingham of 3PB

   Oliver is “tenacious, superb at arguing difficult cases and a pleasure to work with.” He acted in Kaur v Singh (2023), Hirachand (2022) and Jassall v Shah (2021).