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

Tue 8 October 2019

The Lowry Hotel 50 Dearmans Place Manchester M3 5LH

Answers to 14 Thorny Questions: Directly from 7 QCs, Senior Juniors and Solicitors of Outstanding Ability


  1. Registration and coffee

  2. ​Chair's Introduction

    Wills and probate: Shaping new law into solution-focused answers for your clients

    Chaired by: Gary Rycroft of Joseph A Jones & Co

    Gary served on The Law Society Wills & Equity and Private Client Advisory Committees. He is a contributor to "Administration of Estates" and regularly appears on national TV.

  3. Executors

    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: Julian Shaw of St John's Buildings

    Julian has vast experience of cases involving the removal of executors. “He has phenomenal judgement and an unerring instinct for what the courts might do.”

  4. Proprietary estoppel

    Which way is the wind blowing for proprietary estoppel claims with reference to (1) the clarity of the promise and (2) reliance?

    Answered by: Jonathan Smith of 23 Essex Street

    Jonathan continues to impress with his stellar wills and probate practice. "Dynamic and wonderfully measured in court, he brings a huge number of cases to the table.”

  5. Morning coffee

  6. Testamentary freedom

    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 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."

  7. Capacity

    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 “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.”

  8. Lunch

  9. Cowan and Bhusate

    In the face of judicial inconsistency, how do you advise clients on the merits of an application for permission to bring a claim under the 1975 Act out of time?

    Answered by: Mark Duberry of Pump Court Chambers

    Mark is immensely experienced, a great communicator and at the forefront of developments. He acted in Bhusate v Patel & Ors on bringing an out-of-time claim under the 1975 Act.

  10. Undue influence

    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 claims over inter vivos gifts and the presumption against double portions.

  11. Over-run

  12. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500