Wills, Trusts & Probate
Chambers has a specialist Wills, Trust and Probate team who undertake advocacy, drafting and advisory work. Our areas of expertise in this field include:
- Advising on the validity of Wills, and whether they have been executed so as to satisfy the requirements of the Wills Act 1837
- Formalities and equitable bars such as undue influence and testamentary incapacity
- Advising as to the interpretation and effect of a Will.
- Advising as to the effect of the intestacy rules where a person dies intestate
- Non-contentious probate advice and proceedings in the Registry
- Administration of estates: how an estate should be distributed, as to the powers and duties of personal representatives and trustees in administering estates, and the remedies of beneficiaries if a personal representative is in breach of trust.
- Advising trustees as to the limits of their powers, e.g. as imposed by the rule against self-dealing.
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975, including who may make such a claim, the time for claiming and the evidence needed either to support or to oppose a claim, and advising as to the type and value of awards which the court may make.
- Advising on the appropriate steps if a beneficiary is difficult or impossible to find
- The impact of Inheritance Tax on estate planning
- Deeds of Variation
- Interpretation and advice as to the meaning and/or the effect of intended or existing express trust schemes for settlors, trustees, and beneficiaries.
- Court of Protection – including relevant aspects of mental health law, family law, community care law and social housing law.