EMW Work Examples

by Daniel Wilson

15 September 2023

Wills & Probate Disputes

Disputes in the Administration of an Estate

  1. Advising a client seeking to challenge the administration of an Estate which involved a Secret Trust alleged to have been created by the deceased to include their conduct and testamentary documents.
  2. Applying to the High Court for the removal and replacement of the Executor of an Estate under Section 50 of the Administration of Justice Act 1985.
  3. Advising a number of the residuary beneficiaries of a substantial Estate which included a portfolio of investment properties regarding their entitlement. This advice included the beneficiaries ability to direct the Trustees to end the Trust created in the Will early under the rule in Saunders v Vautier, the valuation of business assets and the power of appropriation under Section 41 of the Administration of Estates Act 1925.

Making or Defending a Claim Under Inheritance (Provision for Family Dependants) Act 1975

  1. Acting on behalf of the sole residuary beneficiary of an Estate with a probate value in excess of £50M and which included significant business assets in defending a claim brought under Section 1 of the Inheritance (Provision for Family & Dependants) Act 1975. The original claim was for a capitalised amount exceeding £4M and included reference to several different trusts and previous matrimonial proceedings.
  2. Advising an adult child regarding the possibility of making a claim for provision from the Estate of their deceased parent under the 1975 Act.

Advising Beneficiaries to a Trust about their Interests and the Duties of their Trustees

  1. Advising a client who was named as the potential beneficiary of a discretionary trust with a net asset value in excess of £5M and which included residential properties, partnership assets and agricultural land.
  2. Advising a client who was the surviving spouse of the deceased and entitled to a life interest under the terms of a Will which created a Flexible Life Interest Trust in their favour.


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