Contentious Trusts and Probate
Our specialist team comprising lawyers with a combination of both private client and litigation expertise has a track record of resolving trusts and probate disputes which frequently have an international element. Where possible we seek to reach a negotiated settlement, frequently via mediation.
We have advised in the following types of dispute:
The Group
Caroline has extensive experience of acting for both international and domestic clients in substantial contentious trust and probate cases. She is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and an accredited mediator.
Fiona specialises in private client work and advises on a wide variety of matters including capital tax planning, wills, trusts, probate and charities including the contentious aspects of these. Her work often involves more than one jurisdiction. Fiona is an Associate of the Chartered Institute of Taxation (CTA) and a Notary Public.
Carole's expertise is in providing trust, tax and estate planning advice to both UK and international clients. Her work often involves contentious probate issues, trust disputes, Variation of Trust Act applications and disputes in the Court of Protection. Carole is a member of the Technical Committee of the Society of Trust & Estate Practitioners (STEP) and the Charity Law Association.
Emily has experience of a wide variety of trust and probate disputes, including claims under the Inheritance (Provision for Family and Dependants) Act 1975. She is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS). She also has experience of mediation.
If you would like more information, please contact:
Caroline Bassett on 020 7863 8390 or email caroline.bassett@forsters.co.uk
Fiona Smith on 020 7863 8570 or email fiona.smith@forsters.co.uk
Emily Exton on 020 7863 8394 or email emily.exton@forsters.co.uk">emily.exton@forsters.co.uk
Recent work includes:
Acting for the long-term partner of the deceased in a multi-million multi-jurisdictional case arising from his will and involving issues of construction, domicile, trusts and corporate governance.
Acting for a beneficiary under a number of Jersey trusts in relation to a dispute between the trustees and his brother. Involved proceedings in Jersey and then the Privy Council to establish what could be distributed by the trustees and whether the trusts were "sham".
Acting for the children of the deceased in a 1975 Act claim brought by their stepmother for a greater share of the estate. The proceedings (which were settled) also included claims that the deceased had exerted undue influence over his widow and that he had become subject to an obligation founded on proprietory estoppel.
Advising the adult daughter of the deceased against challenging her father's will or seeking to increase her entitlement under the will and representing her interests in relation to the 1975 Act claim brought by her father's girlfriend (working with the solicitors for the executors who successfully resisted on the grounds of non-domicile).
Acting for trustees in relation to the variation of an order made pursuant to section 2 of the 1975 Act because of a change to what was reasonably required for the maintenance of the Claimant.
Advising the children of deceased (who died intestate and domiciled in Italy with assets in a number of jurisdictions) in relation to a complex dispute over the estate. The dispute was eventually resolved without the need for Court proceedings.
Acting for the co-executor of the deceased's estate in relation to removal of the other executor both from his role as such and from the property making up the bulk of the estate.
Acting for an executor in resisting the attempts of his co executor to pass over his role and act unilaterally in relation to the administration of the estate.
Advising the widow of the deceased (who died intestate) in relation to resisting a threatened claim pursuant to the Family Law Reform Act 1987 by three individuals claiming to be illegitimate grandchildren of the deceased). Involved consideration of international requirements for exhumation.
Advising the widow's attorney in relation to a will trust and an application pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale of family home.
Acting for the family of the deceased in defending a challenge by the Inland Revenue to his domicile status.
Acting for the wife of a patient in relation to numerous disputes with his receiver.
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