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Probate, Inheritance & Trusts

Probate, inheritance and trusts is one of the fastest growing areas of work in the Business & Property Court. In addition there is a growing need for the provision of specialist advice and drafting services to personal representatives and trustees.

Parklane Plowden Chambers has one of the largest specialist probate, inheritance and trusts teams outside London. The team are well placed to meet the needs of professionals who expect a truly specialist service and they are able to deal with contentious and non-contentious work at all levels of seniority and complexity.

Members of the team also have extensive experience of the use of mediation in this area.  Our barristers appreciate and understand that this process involves negotiating skills and a practical approach which is different from the court process. The use of mediation is particularly appropriate in relation to probate, inheritance and trusts disputes and the compromises reached often involve complex drafting and taxation issues.

Probate
Members regularly deal with disputes relating to the validity of wills, directions applications for or against personal representatives, the construction and/or rectification of Wills and claims by and against estates including proprietary estoppel claims.

Inheritance
Family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975 often involve complex issues relating to business, agriculture, trusts and tax. The team is able to deal with claims of the utmost complexity. This work is also undertaken by members of the Family: Property and Finance team.

Trusts
Members regularly deal with disputes relating to the validity and construction of settlements, the rectification of trusts and settlements, directions applications for or against trustees, applications under the Variation of Trusts Act 1958, applications under TOLATA.     

Non-contentious
Work undertaken includes the drafting of bespoke wills, trusts and deeds. Members can advise on the variation and termination of trusts, the administration of estates and trusts and the duties and powers of personal representatives and trustees including in relation to litigation.

Probate, Inheritance & Trusts Barristers

Hari Menon

Called 1989

Sarah Harrison

Called 1989

Sean Kelly

Called 1990

Marisa Lloyd

Called 1994

Stuart Roberts

Called 1994

Elizabeth Darlington

Called 1998

Anna Metcalfe

Called 2010

Cait Sweeney

Called 2012

Areas of Expertise

Claims under the Inheritance (Provision for Family and Dependants) Act 1975. Administration of estates and trusts. Contentious Probate and Trust Claims. Non Contentious Probate and Trust Applications.

Disputes over Lasting and Enduring Powers of Attorney, Deputies and Statutory Wills

Rectification of wills

Proprietary estoppel and constructive trust claims

Undue influence claims

Mental Capacity

Court of Protection – financial and welfare issues

Professional negligence claims involving wills and estates

Trusts of Land disputes and equitable co-ownership

Fees

Fees can be discussed prior to the commencement of work. Value for money is assured as fees for each case can be assessed individually and are based upon the complexity and value of the case, seniority of counsel and time spent in preparation.

All barristers will consider undertaking work on a CFA basis, where applicable. A robust management system ensures that agreed turn-around times are fulfilled.

Contact Us

For further information please contact our clerks on:

Leeds: 0113 228 5000
Newcastle: 0191 221 2121

Email Clerks

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