Contentious mental capacity and court of protection

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We can assist with contentious matters that arise when someone loses or is losing mental capacity. These types of applications usually take place in the Court of Protection, which makes specific decisions, or appoints deputies to make decisions, on behalf of people who lack the capacity to do so themselves. Issues that we can help with include:

  • Bringing or defending claims for statutory wills (i.e. wills put into place by the Court of Protection for a person who has lost the capacity to make a will themselves), both urgent and less urgent
  • Advising on contested Court of Protection matters, including claims relating to approval of gifts (prospective and retrospective), inappropriate conduct by attorneys, carers and deputies or financial abuse
  • Advising on contested and/or urgent deputyship applications and disputes regarding the registration of Lasting and Enduring Powers of Attorney (LPA / EPA)
  • Advising on urgent or contentious applications for orders to sell or transfer property for protected parties
  • Advising on the outcome of capacity assessments, including family and business governance in light of incapacity, or assisting with overseas assets
  • Advising on applications for authority to litigate
  • Advising on the recognition of foreign powers of attorney in England and Wales and other cross-border capacity issues including recognition of deputyships cross-border
  • Advising on investigations by the Office of the Public Guardian and applications related to such investigations

Many of the trust and estate disputes we act on also involve related capacity issues, including:

  • Advising fiduciaries or beneficiaries where a fiduciary, power holder or other interested party is losing or has lost capacity, including applications to replace trustees, approve decisions, or vest assets
  • Acting on behalf of protected parties and minors to apply to approve a settlement
  • Capacity issues relating to probate or estate related claims

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Nadine Gibbon

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Inheritance, wills and estates disputes

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We can advise you as an executor or administrator (personal representative), beneficiary or disappointed beneficiary in relation to inheritance and will disputes, both in England and Wales and abroad. Issues that we can help with include:

  • Advising on claims relating to the validity of wills, including challenges on the grounds of lack of capacity, undue influence, want of knowledge and approval, fraud or forgery, fraudulent calumny, or lack of due execution
  • Advising on the rectification and construction of wills
  • Acting for both claimants and defendants in claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Acting as an independent trustee, personal representative or court appointed representative in contentious trusts and estates, or related claims
  • Advising on disputes relating to the administration and succession of complex cross-border estates, including related issues of domicile and conflict of laws (private international law)
  • Advising on applications for the removal and replacement of personal representatives
  • Advising on interim or limited grants of representation
  • Acting for fiduciaries where disputes arise between beneficiaries or third parties
  • Acting on challenges to lifetime gifts and other inherited property disputes, such as proprietary estoppel, resulting and constructive trusts, and Trusts of Land and Appointment of Trustees Act 1996
  • Advising on partnership disputes involving estates or loss of capacity, and the distribution of assets after the death of a partner, including family run businesses and farming partnerships
  • Advising on the administration of contentious estates, including distributions and indemnities
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Nadine Gibbon

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Stress testing and non-contentious structures

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We regularly assist with advisory work relating to trusts, succession planning or capacity, in many cases to avoid future disputes. This can involve ‘stress testing’ trusts or wills when they are prepared, upon a review or during a family governance exercise; and assisting the non contentious private client team in establishing or winding up trust structures which involve potentially contentious issues.

Similarly, we also assist on trust, inheritance and capacity related issues regarding pre nuptial and post nuptial agreements, deeds of covenant, or arising on separation and divorce.

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Nadine Gibbon

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Tax disputes

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We specialise in representing individuals in complex tax investigations and disputes with HMRC for both UK resident and international clients. The team consists of members of our Private Client and Trust and Estate Disputes teams.

With a particular focus on Inheritance Tax (IHT) and Capital Gains Tax (CGT) disputes, we leverage our in depth technical understanding of tax laws, and our procedural knowledge coupled with litigation strategy to protect your interests.

In civil litigation claims, we also leverage our tax knowledge. This tactical approach can elicit information and highlight inconsistencies between a party’s position in litigation and the position they have disclosed to HMRC.

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Nadine Gibbon

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Trust disputes

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We can act for you in your capacity as a trustee, beneficiary, settlor, or protector; as well as for related parties such as divorcing spouses and company directors. Our team assist with a broad spectrum of issues relating to trust disputes, whether in England and Wales, or in offshore and international trust jurisdictions. Issues that we can help with include:

  • Claims relating to the validity of trusts, including issues of mistake, lack of capacity or sham, or the construction and rectification of a trust
  • Advising trustees, protectors or beneficiaries on challenges to the administration of a trust, distributions, and investment decisions
  • Assisting with blessing applications and other applications to court, when required for the proper administration of a trust
  • Variation of trusts where court approval is required, including applications under the Variation of Trusts Act 1958, or where there is a risk of future claims
  • Advising on the removal and replacement of trustees
  • Applications for disclosure and advising on confidentiality
  • Advising trust companies and lay clients in the UK and offshore on complex cross border issues relating to succession and tax planning involving trusts
  • Advising where the individuals or structure is insolvent or at risk of insolvency, and where issues of asset tracing arise
  • Advising on fraud in the context of trusts or within trust structures
  • Advising on indemnities and costs protection
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Nadine Gibbon

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Raphaella Lafrance

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Raphaella is a Knowledge Development Lawyer supporting the firm’s Disputes teams (Commercial and Corporate Litigation, Trust and Estates Disputes).

She is responsible for ensuring that our Disputes teams are kept up to date to the latest legal developments and changes in court procedure, taking a leading role in the training strategy for the practice groups she supports.

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Nadine Gibbon

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Nicholas Owen

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Nick is an Associate in the Dispute Resolution team.

He has experience advising a broad range of clients including high-net worth individuals, businesses, and charities on disputes in a wide variety of sectors and across multiple jurisdictions.

Nick’s recent commercial experience includes acting on civil fraud cases (including obtaining urgent injunctive relief), professional negligence claims, claims arising from breaches of directors’ duties, contentious insolvency and bankruptcy proceedings, shareholder disputes, and cases concerning the interpretation of contracts.

His articles have been published in both New Law Journal and Solicitors Journal.

Nick is a member of the firm’s D&I committee and Faith Support Network.

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Nadine Gibbon

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Lucy Walsh

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Lucy is an Associate in our Dispute Resolution team.

Her experience spans a broad range of contentious matters across multiple jurisdictions. She has been instructed by high net worth individuals, listed companies, governments and international banks. Lucy has significant experience in complex multi-jurisdictional fraud disputes.

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Nadine Gibbon

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Madeleine Cryer

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Madeleine is an Associate in our Trust and Estate Disputes team.

She acts for a wide range of UK and international clients including high net worth individuals, trustees and professionals. She has advised on a range of trust and estate claims, including rectification and rescission applications, trustee removal, issues relating to capacity and charity law. Madeleine has experience acting in the English Courts and in offshore jurisdictions, including the BVI, Guernsey, The Bahamas and the Cayman Islands.

Madeleine joined Forsters in August 2024 from Macfarlanes LLP where she trained and qualified as a solicitor.

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Joe May

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Joe’s broad practice spans from advising on large commercial disputes to assisting his clients with complex trust and estates disputes.

His clients include ultra high net worth individuals, trust companies, international banks and large corporations.

Joe has particular experience in relation to complex multi-jurisdictional fraud disputes, shareholder disputes, insolvency proceedings, and contractual disputes. He has acted on cases heard in the High Court and the Court of Appeal.

Joe is a member of the firm’s Pro-Bono committee and its Green Impact network.

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Helena Winsey

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Helena has experience acting for private individuals and national charities across a broad range of trust and estate disputes.

This includes advising claimants and defendants in will validity disputes, claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, applications concerning the interpretation or construction of wills, claims pursuant to the doctrine of proprietary estoppel, and disputes between beneficiaries and executors. Helena also has experience in contentious court of protection matters and claims involving professional negligence.

Helena joined Forsters in September 2024 from Foot Anstey LLP, where she trained and qualified as a solicitor in January 2023.

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Alison Meek

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For over 25 years, Alison has acted for executors, professional trustees/fiduciaries and beneficiaries in some of the largest trust and probate disputes in this country and in the offshore jurisdictions. She has been appointed by the court to represent the interests of an estate in court proceedings. She also has considerable experience in the Court of Protection.

Ranked in The Legal 500’s Hall of Fame for Contentious Trusts and Probate and in the latest Chambers high net worth guide, she is described in the directories as ‘a redoubtable litigator who is rarely beaten’ and a private client litigator who has ‘very sharp instincts for assessing the merits and likely outcome of a case’.

Alison is a co-editor of two of the best-known textbooks in this area, Contentious Trusts and Estates published in 2002 and International Trust Disputes, first published by OUP in 2012 and a second edition in 2019.

Alison is renowned for her purposeful and highly effective approach to resolving family disputes, backed by her vast experience and compassionate client handling skills. Although known for her robust litigation expertise, Alison prioritises a non-adversarial approach, expertly guiding clients through their options for resolving their disputes. She considers all forms of alternatives to court including mediation and negotiated settlement (ADR) and understands that ADR is frequently more likely to ensure a cost effective and better outcome for the client. She is prepared to play devil’s advocate with a client with a view to advancing possible avenues to settlement. She recognises the importance of a calm and dispassionate perspective in intense family disputes (which are rarely just about the money), while remaining acutely conscious of her client’s position and objectives.

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Trust and estate disputes

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Disputes involving trusts or estates, wills and inheritance can be deeply personal, as they often involve disagreements between those closest to you.

Whether you wish to make a claim or need to defend against one, our specialist Trust and Estate Disputes team are here to represent you and achieve the best possible result. The law is complicated, but we will help you understand where you stand, explain what your options are and take you through the most appropriate process to resolve the dispute.

We take a creative and vigorous approach to ensure your case is considered from all angles. Where court proceedings are necessary, our experienced litigators, with extensive knowledge of trusts, wills and capacity, will strategically tackle your case to guide you through the process to maximise your chances of success.

Ranked Band 1 in Chambers legal directory, the strength and depth of our Trust and Estate Disputes team, combined with Forsters’ wider private wealth, corporate and disputes expertise, means that your matter will be considered sensitively within the wider context of your personal and business affairs.

We advise trustees and personal representatives (both individuals and trust companies), beneficiaries, other fiduciaries, settlors and other related parties on a broad spectrum of trust, estate and capacity disputes both in England and Wales and internationally, including offshore jurisdictions.

With our support we can help you resolve your dispute as efficiently, sensitively, and cost-effectively as possible, so that you can move forward with minimal disruption to your life.

Our team advises on:

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Bryan Shacklady

Bryan Shacklady

Bryan is Counsel in the firm’s Dispute Resolution team and acts for ultra high net worth individuals and others in relation to a range of disputes. He has particular expertise in complex multi-jurisdictional litigation, having been involved in disputes with live proceedings in England, the Virgin Islands, Luxembourg, Iceland, the Cayman Islands, Jersey, Russia, Saudi Arabia and New Zealand.

He is known for advising on shareholder disputes where relations between shareholders have irretrievably broken down, whether that is to achieve a settlement if possible, or to succeed in court proceedings if not.

Bryan is experienced in arbitration, having represented clients in arbitrations under the arbitration rules of the International Chamber of Commerce, the London Court of International Arbitration, the Japan Commercial Arbitration Association and the Tribunal Arbitral du Sport/Court of Arbitration for Sport.

He is heavily involved in our Graduate Recruitment programme and takes a great pride in mentoring our more newly qualified lawyers.

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Maryam Oghanna

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Maryam is a Senior Associate and solicitor advocate in our Trust and Estate Disputes team. Recognised as a “Rising Star” in the Legal 500 and described in the Chambers HNW Guide as “commercial, focused and user-friendly”, Maryam advises on the full range of private wealth disputes. This includes advising on claims relating to breach of trust, dishonest assistance, trustee/executor removals, blessing applications, validity challenges, and issues relating to mental capacity.

Acting for international high net worth individuals, trustees and professionals, executors, protectors, family offices and beneficiaries, Maryam also specialises in advising clients based in the Middle East. With previous experience as a commercial litigator, she has particular expertise with trusts and estate matters involving family companies, partnerships or other corporates, as well as claims relating to fraud, dishonesty and asset tracing.

Maryam works closely with her clients to understand their goals and objectives, seeking pragmatic outcomes wherever possible. This includes consideration of mediation and creative routes to settlement. Prioritising empathy and understanding, Maryam recognises the delicate and complex nature of family relationships, particularly when dealing with a dispute.

Outside of work Maryam is a volunteer advocate for the Asylum Support Appeals Project, regularly representing asylum seekers in court. She was recently appointed as chair of their board of trustees.

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Ashleigh Carr

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Ashleigh is a Senior Associate in our Trust and Estate Disputes team. Recognised as an “Associate to Watch” in the Chambers HNW Guide, she is described as “really knowledgeable and also very good with clients”, Ashleigh has experience spanning the full spectrum of trust and estate disputes.

Instructed by both professionals and private individuals, based in the UK and internationally, Ashleigh acts for clients on high value and complex family disputes.

Her expertise in contentious trusts include advising on trustee powers and breach of trust claims, applications for the removal and replacement of trustees, disputes involving protectors and the variation of trusts.

Where probate disputes arise, Ashleigh has experience of advising on validity challenges to Wills, 1975 Inheritance Act claims as well as disputes between executors and/or beneficiaries and claims relating to inherited land and property, including proprietary estoppel claims.

Ashleigh is regularly asked by clients and fiduciaries to ‘stress test’ trusts or wills and assist our Private Client team in winding up trust structures or the division of trust assets.

She also has experience in contested Court of Protection matters and professional negligence claims.

Ashleigh is co-chair of ConTrA (the Contentious Trusts Association).

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Rory Carter

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Rory sits in our Trust and Estate Disputes team with a specialism in onshore and offshore trust disputes and issues, as well as advising on estate matters. Rory has particular experience in litigation involving offshore trusts, complex tax issues and crypto assets. He regularly assists our Private Client team in stress testing structures that are being established and he has significant experience in acting for family and trust owned businesses, as well as farms and estates.

As a Senior Associate specialising in litigation, Rory brings a comprehensive understanding and strategic insight to navigating the complexities of disputes over wills, trusts, and estate administration. His expertise lies in meticulously analysing each case’s unique aspects and getting into the granular detail to find solutions and strategies to advance or resolve disputes.

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Hannah Mantle

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Hannah is a Partner in the Trust and Estate Disputes team, recognised for her expertise in domestic and international private client disputes, including contentious probate, trusts disputes, Court of Protection and capacity matters.

She mixes emotional intelligence and technical expertise to advise clients with sensitivity and empathy whilst taking a robust and proactive approach to disputes, to obtain the best result for each client. She recognises the importance of mediation and other negotiated settlements when they are strategically and commercially advantageous. Hannah represents a variety of clients both onshore and offshore, including professional and lay fiduciaries, individual beneficiaries and other parties, across a full range of private wealth disputes.

Hannah takes pride in effective collaboration with clients, other teams at Forsters, and professionals in other jurisdictions, often co-ordinating and managing cross-jurisdictional teams on international matters, as well as cross-departmental teams on contentious and non-contentious matters with private client, family and property colleagues.

Ranked in Chambers High Net Worth Guide 2024 and praised in The Legal 500 2023 for ‘excellent litigation management skills’, Hannah is described in directories as ‘brilliant’, and ‘practical, collaborative and sensible’.  She is a full member of ACTAPS, STEP and AIJA, and is deputy chair of the STEP special interest group for Contentious Trusts and Estates.

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Roberta Harvey

Roberta Harvey

Featured in the Legal 500’s Hall of Fame and described as “incredibly empathetic and really good to work with” in Chambers Private Wealth Disputes, 2024, Roberta is Head of the Trust and Estate Disputes team.

She has an excellent reputation in representing high net worth individuals, family offices, trustees, protectors, executors and beneficiaries. With wide-ranging expertise covering validity issues, breach of trust, removal applications, construction arguments, freezing injunctions, asset tracing and recovery, Roberta advises on the full remit of estate disputes.

Roberta’s supportive and constructive approach to litigation inspires confidence in her clients. Noted for being sympathetic and calm, she fiercely defends her clients’ best interests, while always considering the wider and long-term implications for their personal, financial and commercial interests. Roberta also works closely with her family and private client colleagues, often advising on divorce issues, post and pre-nuptial agreements, and on stress testing trust structures.

Her reputation as a leader in her field was recognised recently by her appointment as a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) committee.

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