Contentious trusts and probate

Partner

Partner

Partner

Sarah is the managing partner of the Oxford office of Freeths. She has twenty five years of managing disputes for her clients, with a particular emphasis on inheritance and trust disputes and professional indemnity claims. She heads the private client litigation team in Oxford and deals with a wide range of cases, including issues surrounding the validity of a will; claims against estates for financial provision; disputed trusts; and the removal of executors and trustees. She also acts for private individuals in disputed Court of Protection applications/proceedings during a person’s lifetime. Sarah also has many years’ experience of dealing with claims made against professionals including legal, construction and financial professionals. She specialises particularly in legal or financial claims with a trust or probate background. She also advises on coverage disputes between insurers and insured. Sarah is well known and has been praised by clients for her no nonsense, efficient and diligent approach. She is a fierce advocate of mediation, recognizing that in family disputes particularly, it can be an extremely useful tool to bring about early closure of disputes and at reduced cost.

Partner

Partner and head of private client group since 2008, specialising in will, estate and trust disputes. Recent major cases include: (1) winning a multimillion pound settlement against an estate worth in excess of £30m (2) compromising of £2m estate dispute involving a family business; (3) defending a £15m trust challenge and obtaining costs against claimants.

Consultant: Head of Contentious Trusts and Probate

Partner

Philip specialises in resolving disputes concerning money and other assets left on trust or under the terms of a will and in contentious regulatory work.

Sally works in our firm’s contentious trust and probate team. She acts for individuals and charity clients to resolve disputes arising out of challenges to wills, claims against estates and disputed trusts. Sally’s clients include executors, beneficiaries and trustees. Recognising that costs are often an issue when dealing with disputes, Sally provides clear and regular guidance as to the costs position to keep her clients informed.Building close working relationships with her clients, Sally is able to deliver clear and jargon-free advice to help her clients work through the steps required to achieve a resolution. Disputes over wills/trusts and claims against estates arise at a time when families have lost a loved one, and Sally gains the trust of her clients by dealing sensitively with the issues that arise.

Partner and head of private wealth disputes with particular expertise in disputes focusing on UK trust and probate claims. He advises primarily on disputes relating to HNW and UHNW individuals and their affairs, both on and offshore. Within this, James has substantial experience in advising trustees and beneficiaries on trust claims and also on contested probate matters. James regularly advises clients on claims under the Inheritance (Provision for Family and Dependants) Act 1975 and concerning disputes over estate and trust administration. James also has expertise in contested Court of Protection matters, with disputes involving attorneys and Deputies, in particular regarding applications to remove or appoint attorneys/Deputies and applications for statutory wills.

Edward has significant and growing specialism in complex trust disputes particularly those with a corporate asset base or those with an international element, drawing on his previous experience with a leading Guernsey firm. He acts for trustees and beneficiaries alike advising on breach of trust claims and the financial aspects of claims and settlements.  He is a core member of the pensions litigation team advising on construction and rectification issues as well as claims within pension schemes.  He also has landed estate experience dealing with a range of contentious issues involving trust structures and partition. Edward is recommended in Legal 500 2018 for being ‘wise beyond his years’. Edward is admitted to practise England and Wales.

Solicitor

Rebecca is experienced in advising on UK disputes involving challenges to wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, proprietary estoppel and breach of trust matters. Rebecca has a keen interest in lack of capacity cases, and is regularly instructed in relation to Court of Protection matters, dealing with applications regarding the actions of deputies and attorneys and contested statutory will proceedings. Rebecca acts for private individuals (both claimants and defendants), executors and trustees. As a key member of our Contested Legacy team, a significant proportion of her workload involves advising charity client’s in relation to Trust and Estate disputes. Rebecca has a background in private client work, and regularly assists clients who require assistance with the progression of estates where issues have arisen between the beneficiaries and executors. Rebecca is admitted to practise in England and Wales. Experience Pursuing an application in the Court of Protection and successfully removing an Attorney appointed under both Property & Affairs and Health & Welfare Lasting Powers of Attorney following concerns being raised by our client as to the care of her mother and the misappropriation of funds by her mother’s Attorney Achieving successful settlement for our clients at mediation in a multi-million pound estate where the will under which they benefitted was challenged on the grounds of lack of capacity, want of knowledge and approval, undue influence and fraud Obtaining disclosure through proceedings from professional trustees who refused to provide beneficiaries with estate and trust accounts Bringing proceedings, including injunction proceedings, against a former solicitor who had benefitted from a will which he had drafted himself and achieving extremely favourable settlement Successfully obtaining statutory will in contested proceedings in the Court of Protection and obtaining a cost order in favourable terms for the client which departed from the standard rule in the Court

Benedict Smith is an Associate Solicitor in the Dispute Resolution team.