Wills, Trusts and Probate
As well as a busy specialist practice in property litigation and advice, wills, trusts and estates has long formed an important component of Bill’s practice. He regularly appears as an advocate in and advises on:
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Trustees powers and duties under both express and implied trusts including constructive trusts
- Challenges to and removal of personal representatives
- Contested wills and estates
- Interpretation of wills and trusts
- Preparation of wills and advice in relation to those lacking capacity
Wills, Trusts and Probate Cases
Recent cases include:
- Appeared for the administrators of an estate in a claim under the Inheritance Act 1975 where the estate disputed that the claimant, the deceased’s cohabitee, had a substantial beneficial interest or should be entitled to a substantial share of the estate
- Appearing before the High Court in an appeal under the Inheritance (Provision for Family and Dependants) Act 1975 in which reliance was placed on the Supreme Court’s decision in Blue Cross v Ilott
- Appearing for the executors of the estate in a three-day challenge to a will based on lack of testamentary capacity
- A challenge to the distribution of an estate where an executor was alleged to have sold an asset at an undervalue
- Appearing for a claimant alleging successfully that an executor of the estate had profited from his office by receiving trust property
- Advising on a claim based on fraud, concealment or mistake where the limitation period under section 32 of the Limitation Act 1980 was in issue
- Appearing as advocate and advising in relation to claims under the Inheritance Act 1975 including a three day case defending a claim by an adult beneficiary
