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Welcome to Penningtons Manches Cooper

We’re recognised as a forward-thinking commercial and private client law firm delivering imaginative and incisive advice – both in the UK and internationally. From cross-border technology transfer agreements to sophisticated tax affairs, our solicitors have the expertise to achieve results. Our clients tell us that our openness, clarity and strong emphasis on communication are the reasons why they choose to work with us on an ongoing basis. We're proud of our responsive, go-ahead approach together with our firmwide team ethos. Each of our offices, in London, the South East and the Midlands, and internationally in Madrid, Paris, Piraeus and Singapore, provides access to the entire breadth of our legal practice. We believe that this structure helps us to offer a seamless and highly effective service to businesses and individuals at every stage....
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Expertise

We combine a wide range of innovative legal services for you and your business with focused advice for a variety of industry sectors through our multi-disciplinary teams made up of lawyers across the firm. ...
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Individuals

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Contentious probate and trust disputes

Our contentious wills, probate, estates and trusts team has specialist experience in dealing with all types of disputes, both in England and Wales and internationally. We act for beneficiaries, executors and trustees - including individuals, trust companies and other organisations such as charities.
/expertise/individuals/contentious-probate-and-trust-disputes


Successful High Court ruling

Defending a High Court claim against a vulnerable client by a claimant who was a former carer of the client. The court ordered that she repay money and replace documents improperly removed by her....
/expertise/individuals/contentious-probate-and-trust-disputes


Inheritance claim by disabled son

Mediating a claim under the Inheritance (Provision for Family & Dependants) Act 1975 on behalf of an adult child who suffered from a minor disability and was left nothing in his late mother’s will....
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Discord between trustees

Advising on the removal of trustees where trustees were unable to agree on actions to be taken in relation to the trust....
/expertise/individuals/contentious-probate-and-trust-disputes


Breach of trust claims

A trustee or executor is in a position of trust. As such, he or she must comply with a number of duties, such as preparing accounts, providing information to beneficiaries and acting impartially. Failure to do so could result in a loss to the trust or estate and a claim against the trustee or executor for breach of trust.
/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


administration of trusts

/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


duties of trustees

/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


breach of trust claims

/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


remedies for breach of trust

/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


removal of trustees

/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


avoiding breaches of trust

/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


Misuse of trust assets

Advising trustees regarding a misappropriation of trust assets by a co-trustee and successfully obtaining repayment to the trust - together with interest and costs – as well as the removal of the co-trustee....
/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


Reversal of transfer into trust

Acting for trustees to obtain a court order to set aside a transfer into trust following erroneous advice from a professional co-trustee and his removal. We recovered the costs of the court proceedings from his insurers....
/expertise/individuals/contentious-probate-and-trust-disputes/breach-of-trust-claims


Test FAQs 1

Test FAQs 1 text here......
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FAQs 1

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FAQs Item 1

FAQs Item 1 text here......
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Contesting a will

After someone has died, there might be concerns about whether their will is in fact valid and truly represents their wishes. Such concerns can arise in a number of ways and may result in will disputes.
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cases where the testator did not intend to make a will (lack of testamentary intention)

/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


the will is not validly executed (lack of due execution)

/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


the testator was pressured or coerced into making the will (undue influence)

/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


the testator did not really know what they were signing (lack of knowledge and approval)

/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


the testator did not have capacity to make a will (lack of testamentary capacity)

/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


fraud or forgery

/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


Handwritten codicil

Acting on behalf of a defendant beneficiary of an estate where there was a dispute as to the validity of a handwritten codicil purportedly executed by the deceased in favour of another beneficiary....
/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


Significant settlement

Challenging a will on grounds of lack of testamentary capacity and successfully negotiating a settlement....
/expertise/individuals/contentious-probate-and-trust-disputes/contesting-a-will


Inheritance disputes and Inheritance Act claims

There are occasions when someone in financial need is 'left out' of a will or is not adequately provided for by the intestacy rules or the will. For example, a spouse, civil partner or cohabitee may have died without leaving enough financial help to his surviving spouse, partner, cohabitee or others financially dependent on him.
/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


bringing claims under the 1975 Act

/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


defending claims on behalf of beneficiaries

/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


the role of executors in 1975 Act proceedings

/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


court procedure

/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


mediation and alternative dispute resolution

/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


Claim by disabled son

Acting for an adult child with a minor disability in a claim against his late mother’s estate....
/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


Executor guidance

Advising executors of their role in claims and the information that they are required to provide....
/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


Cohabitee rights

Acting for a cohabitee whose partner died without leaving a will and who therefore inherited nothing from his estate....
/expertise/individuals/contentious-probate-and-trust-disputes/inheritance-disputes-and-inheritance-act-claims


Estates disputes and removing trustees and executors

There are occasions where a trustee or executor no longer wishes to act and decides to step down. Alternatively, the beneficiaries of an estate or trust may be unhappy about the way in which an executor or trustee has been behaving and want to replace them with someone else.
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the procedure for removing trustees and executors

/expertise/individuals/contentious-probate-and-trust-disputes/estates-disputes-and-removing-trustees-and-executors


the merits of applications to remove

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drafting Deeds of Retirement and Appointment

/expertise/individuals/contentious-probate-and-trust-disputes/estates-disputes-and-removing-trustees-and-executors


indemnities on removal or retirement

/expertise/individuals/contentious-probate-and-trust-disputes/estates-disputes-and-removing-trustees-and-executors


Court order

Advising on an application for a court order to remove a trustee, where the relationship between the trustees had broken down....
/expertise/individuals/contentious-probate-and-trust-disputes/estates-disputes-and-removing-trustees-and-executors


Irreconcilable differences

Negotiating the retirement of trustees where the relationship between the trustees and beneficiaries had deteriorated and advising on suitable indemnities....
/expertise/individuals/contentious-probate-and-trust-disputes/estates-disputes-and-removing-trustees-and-executors


Impartial administrator

Acting as independent administrator in an estate where the executors had been removed by the court....
/expertise/individuals/contentious-probate-and-trust-disputes/estates-disputes-and-removing-trustees-and-executors


A beneficiary’s right to information

Beneficiaries are entitled to a certain amount of information about the trust of which they are a beneficiary and trustees have a duty to disclose that information to them. However, trustees can sometimes be reluctant to disclose certain information about a trust or beneficiaries are unclear about what they are entitled to see.
/expertise/individuals/contentious-probate-and-trust-disputes/a-beneficiary-s-right-to-information


beneficiaries’ entitlement to see documents

/expertise/individuals/contentious-probate-and-trust-disputes/a-beneficiary-s-right-to-information


trustees’ disclosure of documents

/expertise/individuals/contentious-probate-and-trust-disputes/a-beneficiary-s-right-to-information


confidentiality of documents

/expertise/individuals/contentious-probate-and-trust-disputes/a-beneficiary-s-right-to-information


court procedure for disclosure of documents

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Information for beneficiaries

Advising beneficiaries on obtaining information on the way in which the trust had been administered, including the provisional trust accounts....
/expertise/individuals/contentious-probate-and-trust-disputes/a-beneficiary-s-right-to-information


Unmerited claim for information

Advising executors on their duty to provide information to beneficiaries and how to progress the administration of the estate in the light of an unmerited claim for information from a beneficiary....
/expertise/individuals/contentious-probate-and-trust-disputes/a-beneficiary-s-right-to-information


Lost wills or codicils

Our contentious private client team can advise on the evidence required to prove a will, the original of which has been lost, together with the relevant procedure at the Probate Registry and any court application in the event of a dispute.
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obtaining a Grant of Probate with a copy will

/expertise/individuals/contentious-probate-and-trust-disputes/lost-wills-or-codicils


reconstituting a will where the original is lost

/expertise/individuals/contentious-probate-and-trust-disputes/lost-wills-or-codicils


procedure at the Probate Registry

/expertise/individuals/contentious-probate-and-trust-disputes/lost-wills-or-codicils


court procedure

/expertise/individuals/contentious-probate-and-trust-disputes/lost-wills-or-codicils


Ferneley v Napier

Acting for defendants whom the claimant alleged had conspired together to destroy a will made by their father, thereby resulting in the estate passing to his children under the intestacy rules instead of the claimant....
/expertise/individuals/contentious-probate-and-trust-disputes/lost-wills-or-codicils


Incapacity and the Court of Protection

The Court of Protection was established by the Mental Capacity Act 2005 to safeguard the rights of people who lack capacity to make decisions about their property and affairs and personal welfare.
/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


enduring powers of attorney (EPA)

/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


lasting powers of attorney (LPA)

/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


deputyships

/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


statutory wills

/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


Court of Protection procedure

/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


LPA dispute

Acting for one sibling who opposed the registration by her sister of an LPA made by their mother appointing the sister as attorney on the ground that the sister was not a suitable attorney....
/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


Statutory will amendment

Defending an application to the Court of Protection to amend a statutory will under which our client was a beneficiary....
/expertise/individuals/contentious-probate-and-trust-disputes/incapacity-and-the-court-of-protection


Claims in relation to property

Disputes can arise in relation to the ownership of property, particularly where someone has contributed to the purchase price or mortgage of a property but is not named as a “legal owner” of the property or is named as a “legal owner” but is claiming a greater share in a property.
/expertise/individuals/contentious-probate-and-trust-disputes/claims-in-relation-to-property


disputes about entitlement to benefit from property, where those persons may not be the same as the legal owners

/expertise/individuals/contentious-probate-and-trust-disputes/claims-in-relation-to-property


claims that a property has been promised to a person (proprietary estoppel)

/expertise/individuals/contentious-probate-and-trust-disputes/claims-in-relation-to-property


disputes regarding co-owners’ respective shares in a property

/expertise/individuals/contentious-probate-and-trust-disputes/claims-in-relation-to-property


protecting property interests by entries on the title, and Land Registry proceedings for disputed entries on the title

/expertise/individuals/contentious-probate-and-trust-disputes/claims-in-relation-to-property


Siblings’ property claim

Successfully defending a claim that a property left to our client by will was held on trust for the benefit of the deceased’s siblings....
/expertise/individuals/contentious-probate-and-trust-disputes/claims-in-relation-to-property


Successful mediation

Advising on the defence of a claim that our clients’ property had been promised to another, and successfully mediating a resolution including a removal of the unilateral notice which had been entered on the property title....
/expertise/individuals/contentious-probate-and-trust-disputes/claims-in-relation-to-property


Claims against negligent advisers

There are occasions where the advice from a professional adviser such as a will writer, solicitor or accountant may have been wrong. As a result, a will or codicil may be invalid, a gift may not take effect or there may be tax implications.
/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


duty of care owed by a professional adviser

/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


merits of a claim for professional negligence

/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


procedure for bringing claims

/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


alternative dispute resolution (ADR)

/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


Claim against solicitors

Successfully claiming against solicitors who invalidly prepared and executed the will of the father of a beneficiary who expected to inherit a property and securing an early settlement and compensation for our client....
/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


Settlement for estate beneficiaries

Negotiating a favourable settlement for the potential beneficiaries of an estate who lost their inheritance because of the negligence of the solicitors who prepared the will but failed to sever the joint tenancy of the testator’s home....
/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


Negligent tax planning advice

Advising on claims against accountants and solicitors for negligent inheritance tax planning advice....
/expertise/individuals/contentious-probate-and-trust-disputes/claims-against-negligent-advisers


International trusts and estates disputes

The proper administration of both estates and trusts often involves not only English law but also the law of other countries. Our experienced team resolves disputes involving international aspects such as court proceedings in other countries, enforcement of judgments here and abroad, and potential conflicts between the laws of different countries.
/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


private client disputes involving an international element such as foreign court proceedings or the application of foreign law

/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


validity and application of wills where the testator died abroad or held assets abroad

/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


administration of estates involving assets located abroad

/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


disputes arising in relation to offshore trusts

/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


administration of estates of persons who have died whilst living abroad

/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


UK and Spanish assets

Advising on the administration of an estate where the deceased was domiciled in Spain but held assets in both the UK and Spain and on the Spanish forced heirship rules and a UK will....
/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


Judgement for Australian executor

Securing a favourable judgment for an Australian executor following a five day trial at the High Court to secure a UK property for the estate and defending a claim by UK relatives of the Australian deceased....
/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


English court proceedings

Advising on the issue and service of proceedings in the English courts on trustees living abroad and outside the jurisdiction....
/expertise/individuals/contentious-probate-and-trust-disputes/international-trusts-and-estates-disputes


Charities and litigation

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


charities’ defence of claims under the Inheritance (Provision for Family & Dependants) Act 1975

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


charities’ defence of challenges to testamentary gifts

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


charities’ claims against the negligence of professional advisers

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


removing, retiring and appointing charity trustees

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


resolving disputes between charity trustees

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


duties of charity trustees including avoiding conflicts of interests, duties of investment, and general duties of care

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


Charity Commission guidance and compliance, and responding to Charity Commission enquiries

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


seeking Charity Commission approval of ex gratia payments to persons considered to have a “moral” claim

/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


Charity Commission response

Advising charitable trustees on how to respond to the Charity Commission following an enquiry into a potential conflict of interest....
/expertise/individuals/contentious-probate-and-trust-disputes/charities-and-litigation


Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP