Inheritance

Disputes concerning probate, inheritance and the administration of estates.

Probate, inheritance and the administration of estates are a traditional area of chambers’ work and members at all levels of seniority have specialist experience in dealing with many aspects of the law of succession. Members have been involved in some of the most high-profile and important cases in this area, including Ilott v Mitson (the first claim under the Inheritance (Provision for Family and Dependants) Act 1975 to reach the UK’s highest court), Hawes v Burgess (Court of Appeal decision on contentious probate) and Thorner v Major (House of Lords decision on proprietary estoppel based on testamentary promises).

5 Stone Buildings - Partner Law Fifth Edition
Directory rankings

Chambers is ranked a Tier 1 set by Legal 500 2016 for Private Client: Trusts and Probate, and in Band 1 by Chambers and Partners for Chancery: Traditional.

Our work includes:

  • Advising on and acting in contentious probate disputes relating to the validity of wills on the grounds of lack of capacity, want of knowledge and approval, undue influence, forgery or defective execution
  • Advising on and acting in claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Advising on and acting in disputed issues arising in applications for non-contentious grants of probate or letters of administration
  • Advising on and acting in applications to court in relation to the interpretation of wills, and for the purposes of applications under s48 of the Administration of Justice Act 1985
  • Advising on and acting in applications for rectification of wills under the Administration of Justice Act 1982
  • Advising on and acting in proprietary estoppel claims arising from testamentary promises
  • Advising on and acting in claims against personal representatives and in disputes arising in the course of administration of estates
  • Advising on post-death tax planning and deeds of variation
  • Advising on and acting in claims for negligent drafting of wills and other professional negligence in relation to inheritance and the administration of estates
  • Advising on and acting in cases involving wills, probate, inheritance and the administration of estates which have a foreign element, including giving expert evidence of English law