I have a particular interest in probate and trust disputes, which form a substantial part of my case-load. These disputes include:

TOLATA disputes, which arise under the Trusts of Land and Appointment of Trustees Act, 1996 when past or present partners or relatives of the deceased challenge the allocation of his or her estate which would otherwise be made under the rules of intestacy or intestacy.
Issues arising from “intestacy” where the deceased did not leave a will, and there are challenges to application of the statutory rules, or the administration of the estate is questioned.
Disputes over wills, or the actions of the executors, including challenges to the competence of administration, questions of the interpretation of the wording of the will, and challenges to the capacity of the deceased to make such a will (i.e. testamentary capacity).

These disputes require careful, respectful and empathetic management, working with people who are often stressed and bereaved. Successful resolution through mediation is particularly worthwhile. Often it is part of a healing and beneficial process, which reduces or avoids avoiding spending the estate’s assets upon solicitors and barristers.

Case Studies

Tolata dispute between a mother and son who sought her eviction from the family home, based upon a constructive trust. Mediated online to ease the emotional stress, and brought to fair resolution and closure.

Contested probate between siblings challenging testamentary capacity and valuation of the estate, settled

Inheritance (Provision for Family and Dependants) claim between divorced wife and second spouse of deceased male, settled.

Multi-party dispute over a deathbed will disposing of large farm in Sussex – challenges to testamentary capacity, revised disposition negotiated.

Tolata dispute between former partners over shares in the previous family home, shares agreed and allocated.

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