Wills, Trusts and Probate

Chambers has a specialist Wills, Trusts 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

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