Contentious Wills, Trusts & Probate

St Philips' Business and Property Group has a number of specialist contentious probate, trusts and estates practitioners. For many of them, these areas represent a majority, or else substantial proportion, of their work.

This counts in an area in which genuine familiarity with sometimes arcane and remote principles is much valued. Equally, though, members have empathetic awareness of the personal struggles and emotional tensions that can underpin many of these cases. 

The team's members are regularly the subject of rankings and supportive assessments in the Chambers and Partners and Legal 500 directories for areas of Chancery, probate, and trusts/estates work. They also practise in real property, as respects which there can be significant overlap in relation to TOLATA and land trusts claims.

At least three have joined the reputed Society of Trusts and Estates Practitioners as full members, having passed the assessments for that purpose (with a number of Distinction grades between them, and, in one case, a Worldwide Excellence Award).    

In general terms, expertise would include disputes as to the validity of wills, claims for financial provision from a deceased’s estate, and respecting the construction and rectification of wills/trust deeds. Members also work in other Part 57/64 litigation concerning Beddoe relief and like directions, as respects disputed accounts and administrations, and for removal (or passing over) of executors/trustees. In the TOLATA context, members frequently deal with disputes relating to the equitable ownership of the family home and other assets. 

Some members have expertise in areas of non-contentious estate planning. They and others also work on White v Jones and other professional negligence actions deriving from practice in this field.