Irwin Mitchell

Irwin Mitchell

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Yorkshire Contentious Trusts and Probate

James Wright

James Wright

I'm a Solicitor in the Will, Trust and Estate Disputes team in Sheffield. I started my training contract at Irwin Mitchell in 2016 and qualified as a Solicitor in 2018. I have experience with different types of disputes including validity of wills, claims for reasonable financial provision under the Inheritance (Provision for Family & Dependants) Act, and disputes between beneficiaries and executors. I provide clear, practical and logical legal advice to help people resolve their disputes as quickly as possible.
Paula Myers

Paula Myers

Director of legal services for private client services at Irwin Mitchell, based in Leeds.  Handles claims on validity of wills, involving issues of undue influence, and testamentary capacity, proprietary estoppel claims, rectification actions, financial provision claims, disputes involving trusts and breach of trust claims. Professional negligence claims regarding trusts, wills and advice provided in relation to that.
James Laycock

James Laycock

I am a Partner in both the Will, Trust and Estate Disputes team and also the Commercial Litigation and Dispute Resolution team. In the Will, Trust and Estate arena, I have built up years of experience on cases involving challenges to the validity of wills. These challenges may be based on a range of reasons, including lack of capacity, irregularities, undue influence and fraud, challenges to the conduct of trustees, executors, attorneys and deputies, claims for financial provision from estates by children, widows and widowers, cohabitees and dependents and disputes relating to family farming businesses. In the commercial litigation arena, I am frequently instructed on disputes concerning business to business contracts, shareholder disputes and claims against directors, professional negligence claims and disputes relating to restrictive covenants. I also have experience in intellectual property claims, property disputes and fraud cases.
Richard Smaller

Richard Smaller

Solicitor Richard specialises in disputes that arise when a person dies. I deal with a wide range of cases and each one is different to the next . People seeking to challenge the validity of wills on grounds of undue influence, lack of testamentary capacity or issues with formalities, and have experience in defending such claims too. Richard has also worked on bringing and defending claims under the Inheritance (Provision for Family and Dependants) Act 1975 when someone’s unhappy with the inheritance that they’ve received under a will or the intestacy rules.
Jodie Buck

Jodie Buck

I specialise in inheritance disputes that arise following death and in lifetime, including: Claims under the Inheritance (Provision for Family & Dependants) Act 1975 Will validity challenges including claims involving testamentary capacity, undue influence, want of knowledge and approval, fraudulent calumny and forgery Executor/trustee disputes including claims for removal Proprietary estoppel cases Financial abuse and attorney disputes (lifetime and on death) Disputes surrounding the ownership of assets (i.e. Trusts of Land and Appointment of Trustees Act 1996 and constructive trust cases). I have acted for clients who are claimants and defendants in these types of cases and therefore have experience of both angles.
Danni Brannon

Danni Brannon

I’m a solicitor in the wills, trusts & estates team in our Leeds office. I specialise in private client disputes and litigation, including: Claims under the Inheritance (Provision for Family & Dependants) Act 1975 Disputes surrounding the ownership of assets under the Trust of Land, Appointment of Trustees Act 1996 and constructive trust cases Executor and trustee disputes Financial abuse matters. Proprietary estoppel cases Will validity challenges I act for private individuals all over the country in both advancing and defending these claims.
Bethan Smith

Bethan Smith

I am a Solicitor in the Will, Trust and Estate Disputes Team at Irwin Mitchell. I specialise in estate and trust litigation and have expertise in both bringing and defending: Will Validity challenges on the grounds of forgery, formalities, lack of testamentary capacity, lack of knowledge and approval, undue influence and fraudulent calumny Disputes between executors/ trustees and beneficiaries or executors/ trustees themselves regarding the administration of an estate/ trust Claims under the Inheritance (Provision for Family & Dependants) Act 1975 for reasonable financial provision from an Estate by children, widows/ widowers, cohabitees and dependants Proprietary Estoppel Claims including disputes relating to family farming businesses Financial abuse claims Attorney/ Deputy Disputes.

Deals

  • We represented the claimants in the case of Wills –v- Sowray EWHC 939 (Ch) [2020] in bringing a proprietary estoppel claim against the estate of a long-standing family friend. The case involved substantial land in Yorkshire which was awarded to the claimants.
  • We acted for the executors who were dealing with an estate where the estate assets consisted of shares and a capital interest in a partnership across seven family businesses worth around £12million. We successfully represented the executors in dealing with a shareholder who tried to take control of and change the boards and to exclude the estate.
  • We acted for a former spouse whose financial remedy order, obtained on divorce, did not achieve the provision it was intended to on her former husband’s death. The estate was worth £4.6 million and comprised of shareholdings in very valuable business. We worked with our corporate and family teams to obtain the intended provision for our client and to ensure that it met her financial needs.
  • We acted for a client in bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of his late partner who died suddenly and without leaving a Will. Due to the Rules of Intestacy our client received no provision at all from the estate. Our client was retired with limited income and had no assets of his own. He had disabilities and was in dire need of provision from the estate. Our client received 70% of the estate by way of a settlement at mediation. The estate was worth approximately £600,000.
  • We acted for a client bringing a professional negligence claim against the law firm who drafted his father’s last Will. The firm failed to ensure that the gifts in the Will were properly effective by failing to ensure ownership of the deceased’s assets passed in accordance with his Will.
  • We successfully acted for a client in defending a challenge to the validity of the Will of their late father on grounds of lack of testamentary capacity and knowledge and approval. The estate was worth around £5 million and comprised of foreign real estate, investments, liquid funds and a 50% valuable shareholding in the family business.
  • We represented the claimant in the case of Kirsty Cadogan v Kevin Cadogan and 4 ors 2019 EWHC 1577 (Ch) bringing a claim against her brother in relation to his removal and breach of his duties as an executor. The claimant was successful at trial and the brother was removed as an executor and ordered to account for an amount approximating £2million. 
  • We acted for the claimant in the cases of Edhem v Edhem (LAND REGISTRATION - FRAUD - the explanation of evidence in the First-tier Tribunal's decision - credibility) [2022] UKUT 243 (LC) (07 September 2022) (bailii.org) and Edhem v Edhem & Anor [2022] EWHC 2571 (Comm) (25 February 2022) (bailii.org) in bringing a claim against the claimant’s son in respect of a lifetime forged transfer of her property. We were successful in proving that the transfer had been forged and the property was returned to our client.  

Team Services

We have a team of 12 lawyers across our Yorkshire offices, who solely specialise in Wills, Trusts and Estates disputes. We are the largest team  that specialise in this type of work – both in Yorkshire, and (across our teams in other offices), nationally as well. We deal with a wide range of disputes of this nature, that range in complexity and value. We have exceptionally strong experience in high value and complex litigation and have dealt with a number of reported cases. We work closely with other legal specialist teams across our full-service firm to offer a breadth of expertise to our clients.

Client testimonials

5* Trust Pilot Review

“I received consistent expert guidance and advice over that time in connection with the dispute I had. It was given in a friendly but professional manner. I was kept informed at all times about progress, so I could base decisions on known facts and possible outcomes. I would recommend Irwin Mitchell at any time.”

5* TrustPilot review

“Bethan Smith my main contact in the firm seems to me to be truly exceptional. Bethan has been nothing short of amazing. She really does know her stuff.”

5* TrustPilot review

“Thank you Rachael Harrison for all your efforts towards delivering this exceptional client service. I really appreciate and value the contribution you’re making on behalf of our clients.”

Awards and Recognition

Yorkshire Legal Awards

We were shortlisted in 2023 for the Private Client Legal Team of the Year the Yorkshire Legal Awards.

STEP Awards

We have been shortlisted as a finalist in the Annual 2023 STEP awards for Contentious Probate team of the year (Large firm).