Meet the team

Yorkshire Contentious Trusts and Probate

Irwin Mitchell

Sheffield, England
+1 other location
  • Leeds, England
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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.  

Organigram

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.

Testimonials

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).

Whitepapers and Articles

  1. I Killed My Wife; Do I Still Get My Share Of Her Estate?, Elspeth Gray, Racheal Harrison (passle.net) 

 

Written by Racheal Harrison & Elspeth Gray  

 

This article discussed the Forfeiture Act 1982 and how a man who killed his wife, managed to inherit a portion of her estate following his successful claim.  

 

  1. Aquamation – What Is It and What Are the Key Legal Considerations?, Richard Smaller, Alice Robinson (passle.net) 

 

Written by: Richard Smaller & Alice Robinson (and co-authored by Nicola Phillipson)  

 

This article explores cremation in water and the issues that can arise when the Deceased has requested this method. The article explains how disputes can arise and how these can be solved.  

 

  1. Executor Charging Clauses – Common Pitfalls, Richard Smaller, Elspeth Gray (passle.net) 

 

Written by Elspeth Gray & Richard Smaller (and co authored by counsel, Holly Challenger) 

 

This article discusses charging clauses for executors in Wills and what this means. The article looks at what an executor can charge, how they can charge and why.   

 

  1. Five reasons behind the rise of Will disputes, Jodie Buck (passle.net) 

 

Written by: Jodie Buck  

 

This article discusses the recent rise in Will disputes and how changes in society has lead to different family set ups and with an ageing population, more Wills are being disputed than before.  

 

  1. Justice Delayed Is Justice Denied – Considering The Recent Case Of James V Scudamore, Elliot Booth, Laura Pang (passle.net) 

 

Written by: Elliot Booth & Laura Pang  

 

This article considers the recent case of James v Scudamore and the issues that can arise when you delay bringing a claim.  

 

  1. https://thoughtleaders4.com/private-client/private-client-knowledge-hub-view/private-client-magazine-issue-10-contentious-trusts 

 

Written by James Laycock and Jodie Buck  

 

This article is at page 52 and discusses how trustees can be removed.