Contentious trusts and probate in Wales

Hugh James

Recognised as ‘the pre-eminent estates and trusts dispute firm in the country’, Hugh James attracts work across England and Wales, from ordinary families to large institutions, charities and high-net-worth-individuals. Key to the firm’s success in the area is the expertise of ‘dynamic and effective litigator’ Roman Kubiak, who ‘combines a charming charisma with a first rate intellect’. Kubiak’s skill in the area is underscored by his involvement in numerous reported cases during 2022, including his involvement for the respondents in a Court of Appeal case dealing with testamentary capacity and proprietary estoppel. As part of his role as overarching head of the firm’s private wealth group, Matthew Evans also regularly handles matters with a contentious angle and has gained particular strength in relation to farming-related proprietary estoppel cases. The team was also bolstered by the arrival in October 2022 of senior associate Sarah O’Grady  from Clarke Willmott LLP, who ‘is very experienced in contentious probate and 1975 Act cases’.




Practice head(s):

Roman Kubiak


Other key lawyers:

Matthew Evans; Sarah O’Grady; Joseph Brophy


Testimonials

‘Hugh James are the pre-eminent estates and trusts dispute firm in the country. There are no close comparisons. They have the most specialists and their people are highly trained and capable.’

‘It is an experienced team of contentious probate lawyers.’

‘Roman Kubiak is a dynamic and effective litigator and leader.’

‘Roman Kubiak – One of the best there is! He combines a charming charisma with a first rate intellect, and is one of the toughest negotiators I have seen in action.’

‘Roman Kubiak is both approachable and efficient.’

‘Sarah O’Grady is very experienced in contentious probate and 1975 Act cases.’

Work highlights


  • Acting for the defendants and part 20 claimants in the reported High Court and Court of Appeals decision of Hughes v. Pritchard dealing with testamentary capacity and proprietary estoppel.
  • Acting for the husband of the deceased in relation to claims to relating to a holographic will, the validity of his marriage to the deceased, the impact of that on the will and related proceedings in Cyprus. The estate is valued at c.£12m.

Geldards LLP

Led by Laura AllissGeldards LLP continues to gain market traction and regularly receives standalone mandates direct from clients, as well as in a referral capacity, in addition to receiving a regular pipeline of work as a corollary of the firm’s overarching private client department. Allis, who is an 'effective and diligent lawyer', has expertise across the gamut of litigation in the space, including on proprietary estoppel, undue influence and legacy disputes, where she is effectively able to leverage the expertise of the firm’s market-leading charities practice.


Practice head(s):

Laura Alliss


Other key lawyers:

Chloe Pridmore; Ella Harmer


Testimonials

An excellent and focussed contentious probate team that covers all areas of related litigation.’

Laura Alliss is an effective and diligent lawyer who is unafraid to push her clients’ case in order to reach the best outcomes.’

Key clients

Tenovus Cancer Care


Wiccaweys Rescue Border Collies and Working Sheepdogs C.I.C


Wales Air Ambulance


Heart Research UK


Work highlights


  • Advised Tenovus Cancer Care and two other charities on a promissory estoppel claim which was brought by a third party in respect of an estate which had been left to charity.
  • Advising the executors of a £93m estate in a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 brought by a cohabitee.
  • Assisting the wife of the deceased in a claim against the validity of her husband’s will which had been executed on the day he died and was a complex will which left his multi-million pound estate to a trust for the benefit of his nieces.

Howells Solicitors

The 'approachable, knowledgeable and professional' team at Howells Solicitors provides a 'very efficient' service to clients seeking to defend and bring claims across a wide range of probate and estates matters. A 'standout contentious probate litigator', team head Laith Khatib 'guides clients through the process with skill and good judgement' and is mindful 'to go through complex aspects in layman's terms'. Solicitor/advocate John Davies  is 'responsive, professional and very pleasant', and as well as successfully developing his own caseload, also regularly assists Khatib on his matters.

Practice head(s):

Laith Khatib


Other key lawyers:

John Davies


Testimonials

‘The team is very efficient and is always very pleasant to deal with.’

‘Howells Solicitors are personable, approachable, knowledgeable and professional and have a good supporting team.’

‘Laith Khatib is very thorough in his approach. He puts you instantly at ease. He always makes time to go through complex aspects in layman’s terms and does not baffle/bombard with technical jargon.’

Work highlights


JCP Solicitors

Combining 'impeccable client care' with deep knowledge of the underlying law, JCP Solicitors is a formidable advocate on behalf of claimants and defendants across a range of inheritance and trusts disputes. 'Always on top of his cases', Carmarthen-based team head Richard Howells has an excellent reputation in the market, regularly handling work for farming clients (including NFU members) on probate disputes and proprietary estoppel claims. Carmarthen-based associate Rachel Morris is also recommended and has developed niche expertise in Cohabitee trust property disputes.




Practice head(s):

Richard Howells


Other key lawyers:

Rachel Morris


Testimonials

The team displays impeccable client care.’

‘Richard Howells is great with clients and always on top of his cases.’

Key clients

NFU and its members in South and Mid Wales


Work highlights


Red Kite Law LLP

Displaying 'attention to detail and excellent client care', Red Kite Law LLP continues to thrive in the market under the leadership of 'exceptional' Swansea-based partner Alexia Thomas and is picking up work on a standalone basis, as well as through its growing will bank (enlarged by a number of recent firm acquisitions in South Wales). Noted for her 'grounded and down-to-earth' demeanour and ability to provide 'pragmatic and sensible advice', Thomas regularly receives referrals from other solicitors and accountants, testament to the esteem with which she is held in the market on issues ranging from challenges to will validity and claims against executors.


Practice head(s):

Alexia Thomas


Other key lawyers:

Andrew Kelly


Testimonials

‘The team displays attention to detail and excellent client care.’

‘The exceptional Alexia Thomas is knowledgeable, grounded and down-to-earth, and provides pragmatic and sensible advice. ’

‘Alexia Thomas is a superstar! She is a top notch lawyer and tough negotiator, but combines this with charm and a sense of humour.’

‘The team has genuine expertise in this niche area and is led by the amazing Alexia Thomas’

‘Andrew Kelly knows the law, is realistic about merits and get great results for his clients.’

Work highlights


  • Acting for a client, as the sole executor and beneficiary of her late father’s estate in relation to two adult child claims brought by her two brother for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 against their late father’s estate.
  • Acting for clients in relation to a will validity claim.
  • Acted for a client in relation to a contested probate claim on the grounds of lack of capacity and undue influence.

Berry Smith

'Pound for pound as good as any firm in South Wales or the West of England', the small team at Berry Smith provides a 'cost-effective' service across a wide range of contentious probate matters for intended beneficiaries, among other stakeholders. The 'exceptionally clever' Simon Care is the main contact for this work, including in relation to Inheritance Act and proprietary estoppel claims, where he 'combines excellent forensic and analytical skills'. 

Practice head(s):

Simon Care; Iwan Doull


Other key lawyers:

Emma-Jayne Scullion


Testimonials

‘Pound for pound as good as any firm in South Wales or the West of England. They have particular specialism in Inheritance Act and proprietary estoppel claims.’

‘Their success rate is very good indeed but they are also excellent value for money and more cost-effective than the vast majority of their competitors.’

‘There is simply no better practitioner in this subject matter in this area than Simon Care. Simon is exceptionally clever and combines excellent forensic and analytical skills.’

Key clients

The National Executive Committee of Plaid Cymru – The Party of Wales


Mrs Angharad Dafis


Mr Neil Elon Workman


The Estate of Farzand Ali Deceased


Work highlights


  • Continued to act for Plaid Cymru in respect of a legacy of approx. £100,000 bequeathed to the party by one of its lifelong supporters, who died in 2015.
  • Continuing to represent the estate of Farzand Ali in a long-running, multi-party dispute in the High Court concerning the Estate of Mr Ali’s late mother.
     
  • Represent a widow in a challenging case where her late partner’s children (who are the executors of the will) are seeking to withhold her modest legacy and are also seeking to recover substantial sums which they say their father spent during the couple’s relationship.

Douglas-Jones Mercer

The ‘very responsive and hardworking’ team at Douglas-Jones Mercer is increasingly active in the space following the arrival in January 2022 of Richard Adams  from Red Kite Law LLP. Adams, who has niche expertise in relation to funeral and burial disputes alongside more conventional probate litigation heads the team and is noted for his  ability to ‘achieve the best commercial result for his clients’. 

Practice head(s):

Richard Adams


Testimonials

‘The team is always very responsive and hardworking, and is willing to get stuck in on difficult cases.’

‘Richard Adams has very strong knowledge and provides good advice – he inspires confidence.’

‘Richard Adams sees right to the heart of the issues and is always thinking about how to achieve the best commercial result for his clients.’

Work highlights


Gomer Williams & Co

The 'very professional, efficient and supportive' team at Gomer Williams & Co goes 'above and beyond' in their pursuit of serving the clients' interests regarding a wide range of trusts and probate disputes, including on challenges to the validity of a will due to lack of testamentary capacity and claims by adult children for reasonable financial provision under the Inheritance Act 1975. Team head Clare Tregoning's 'empathy and understanding makes her an outstanding solicitor', traits which she utilises to good effect both for fee-earning work as well as in a mentoring capacity for team members that include the 'knowledgeable and professional' Mia Jones .


Practice head(s):

Clare Tregoning


Other key lawyers:

Mia Jones


Testimonials

‘The service provided is supportive, meticulous and informed.’

‘The lawyers are conscientious and efficient, and are always well-prepared.’

The firm is technologically innovative and utilise social media in a manner which shows the practice to be approachable, friendly and understanding of the needs of any prospective clients.’

Work highlights


  • Representing a potential beneficiary in her challenge to a will on the grounds of lack of testamentary capacity in relation to long standing sensitive family issues.
  • Representing a residuary beneficiary in relation to the Executrix’s failure to administer the Deceased’s estate in accordance with her duties under the Administration Act 1925.
  • Representing eight beneficiaries in relation to two claims relating to the deceased’s will on the grounds of lack of capacity, lack of knowledge and approval and undue influence by the deceased’s partner. In addition, the second claim is made against the will draftsman in professional negligence for failing to properly assess the deceased’s capacity at the time of the will.