Case studies

• Claim for financial provision from estate by adult son
  Our client was left almost nothing under his mother's will. The bulk of her estate (which was worth approximately £1.5 million when the proceeds of various life policies were taken into account) was left to our client's brother and his family.
• Validity of a codicil
  Our client was the sole surviving sibling of the deceased. Although a valid will could not be located for his sister, one of her nephews produced a handwritten codicil which he claimed had been executed by her and under which he was left some land and a cash legacy.
• Rectifying an incorrectly drafted deed
  Our client's father executed a deed of gift under which his intention was to give our client a third of his share in a property which was owned jointly between the father and a trust.
• Executor's role in claims for financial provision from an estate
  We have advised on a number of matters where we already act for an executor in the administration of an estate in which a claim has been made against the estate, most commonly by a spouse of the deceased or someone who had been cohabiting with them, on the ground that reasonable financial provision has not been made for them from the estate.
• Application to amend a statutory will
  Our client was a beneficiary under a statutory will which had been executed on behalf of the patient some years previously.
• Defending a claim that a gifted property was held on trust for son's stepfather
  Our client had been gifted a property by his mother before she died. The property had been purchased in her sole name.
• Removal of trustees and personal representatives
  Our contentious private client team acted on behalf of Pamela Carvel, niece of Thomas Carvel, in a claim regarding the court's jurisdiction to remove trustees and personal representatives from office.
• Defending brothers' claim that a property was held on trust
  Our contentious private client team acted on behalf of the executor of the estate of Anthony Tackaberry and successfully defended a claim that a property registered in his name was held on trust, rather than absolutely owned by his estate.
• Validity of wills, testamentary capacity and undue influence
  We acted on behalf of William Osenton, who was executor of his late mother's estate, in relation to a dispute between his three brothers regarding the validity of their mother's will.
• Assessing liability for costs in will disputes
  We were originally instructed in a claim in which the deceased's will was contested on the ground that he did not have testamentary capacity. The matter went to a final hearing and judgment was given in favour of the claimant.
• Setting aside a mistaken transfer of property into trust
  As part of a scheme intended to save inheritance tax, our client had been negligently advised to transfer her home into a trust. Unfortunately, she was not advised that the transfer would result in her losing the right to remain in her home, where she has lived since the 1960s, rent free.
• Lost wills and conspiracy to suppress a will
  Our contentious private client team successfully defended a highly unusual case where the claimant alleged that our clients had deliberately suppressed a will made by their father in favour of the claimant.
• Defending High Court claim on behalf of vulnerable client
  Our contentious private client team successfully defended a High Court claim brought by the former carer of Mr Nicholas Rayner. The judge was heavily critical of the claimant and ordered the repayment of money and return of documents improperly removed by her.
• Expert prerogative in shareholder dispute
  In situations where parties have agreed that their dispute will be determined by an expert, the courts have no authority to tell the expert what to do.
• Charity Commission inquiry
  We were contacted by the trustees of a grant making charity when it faced an inquiry by the Charity Commission into investments it had made.

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