Wills, Trusts and Probate
Andrew has acted in disputes concerning wills, trusts and probate matters for nearly 20 years and has extensive experience of the same. He regularly deals with:
- The validity and construction of wills including the failure of gifts
- Contested wills on the grounds of capacity/want of knowledge and approval/fraud/undue influence/alleged proprietary estoppel affecting the ability to make dispositions
- Claims under the Inheritance (Provision for Family and Dependants Act) 1975
- Insolvent estates
- The variation of dispositions post death
- The removal and appointment of personal representatives
- Claims for breach of duty against personal representatives
- Jurisdictional issues relating to the property of deceased individuals
- Mutual and/or mirror wills
- Claims by and against estates for sums due
- Issues arising as to share and/or voting rights and/or partnership shares upon death
Andrew seeks to identify and analyse the true issues in any dispute at the outset and provide clear legal and tactical advice as to how to deal best with any dispute. He is experienced not only in advocacy at trial and interim hearings but also mediations and settlement meetings and recognises the importance of those in probate disputes.
Andrew’s notable wills, trusts and probate cases include:
Successfully resisting an application to bring a claim under the Inheritance (Provision for Family and Dependents) Act 1975 by a spouse who had failed to issue in time as she was in custody awaiting trial on an allegation of conspiracy to murder the deceased.
Advising, drafting and negotiating a successful outcome to a claim under the Inheritance (Provision for Family and Dependents) Act 1975 in a multi-million pound estate.
Successfully defending various challenges to wills on grounds of undue influence/lack of knowledge and approval/fraud.
Advising the beneficiaries under a will leaving a partnership share as to their remedies and responsibilities and the extent of the partnership assets in question.
Successfully applying to remove personal representatives based upon allegations of breach of duty and misappropriation of estate assets.
Obtaining a freezing injunction against a personal representative based upon allegations of misappropriation of estate assets.
Advising as to the true construction of a discretionary trust and its impact upon a claim under the Inheritance (Provision for Family and Dependents) Act 1975.