Wills and Probate
Jonathan’s wills and probate practice covers:
- 1975 Act claims
- Disputes between personal representatives, beneficiaries and creditors
- Disputed wills
- Advising executors and beneficiaries on the construction and interpretation of Wills
- Advising personal representatives and beneficiaries on matters incidental to the administration of estates
Cases
- Mullen v White; Eadie v Mullen and another; Mullen v Mullen [2017] EWHC 2796 (Ch) – successful claim against co-guarantor; established the principle that a co-guarantor is liable to equitable contribution in circumstances where the debt was deemed discharged upon the first co-guarantor being appointed executor of the creditor’s estate
- Various claims advising both claimant and defendant in circumstances where allegations of unfair prejudice, lack of knowledge and lack of capacity are made. In particular, advising on best tactics
- Advising on various issues arising in a dispute between sibling beneficiaries to an estate, including the registration of a property in the executors name in circumstances where it was alleged that the property was held on trust by the deceased for 2 siblings, disputes as to the actions of the executor and other associated issues. Advised on an ongoing basis and eventually the various issues were resolved and an all encompassing settlement agreement agreed.
- Various 1975 Act claims advising both claimant and defendant.
- Advising and representing parties in matters incidental to the administration of estates including an application under s 123 of the Senior Courts Act 1981 to compel a third party to attend court to be examined and to produce relevant documents
