Berry Smith‘s dedicated team acts for executors and beneficiaries in contentious probate matters, including will validity, Inheritance Act and deed of variation claims. Members of the team are also experienced advising clients in cross-border disputes concerning assets in multiple jurisdictions. The team is jointly led by Iwan Doull, Simon Care, and Emma-Jayne Scullion. Doull and Care are experienced litigators in trust and property disputes. Scullion brings insight into executor challenges as well as challenges to testamentary capacity.
Legal 500 Editorial commentary
Accolades
Client satisfaction: Lawyer & team quality
Client satisfaction: Billing & efficiency
Testimonials
Collated independently by Legal 500 research team.
- All are very professional and polite. Always knowledgeable, and you feel they go the extra mile. Simon Care and more recently, Hannah Davies.
- Berry Smith is pound-for-pound the best Contentious Trust and Probate practice in South Wales. It offers an exceptional degree of partner engagement and a Rolls-Royce service at extremely competitive prices. Their partners are as good as any I have come across and are not at all outmatched by even specialist London partners. Their rapid growth is a reflection of their growing reputation in this area. They excel in disputed wills cases concerning testamentary capacity or undue influence and Inheritance Act claims (particularly high-value claims on unusual facts) and disputes concerning powers of attorney. They are also strong in Court of Protection claims. Their approach is highly pragmatic, attuned to the clients' needs and with a strong focus on the overall outcome. They consistently achieve excellent results.
- Fantastic legal knowledge and technical know-how in dealing with the complexity of the estate matter we instructed them to advise on and act on our behalf as Executors.
- Excellent reputation, strength in depth.
- Understanding and empathy for the client's position and willingness to advocate this to counterparties and counsel. Ability to undertake LEI contract work.
Work highlights
Represented an individual in a successful application to appoint an independent Interim Administrator of his father’s multi-million-pound, cross-border estate, in place of the opponent due to concerns regarding her transparency.
Acted for the executors of a will in the removal of an unjustified caveat preventing a Grant of Probate and now defending a further claim intimated against the Estate by the Deceased’s stepsons, seeking to exclude a significant agricultural asset from the Estate on the grounds that their mother’s Will, on alleged true construction, did not dispose of the entire asset to the Deceased when she pre-deceased him.
Successfully struck out a misconceived Defence to the executors claim for possession of an unlawfully occupied Estate property; the occupant relative defended the claim for possession on the basis of an alleged draft Will bequeathing the Estate property to him and/or on equitable grounds of proprietary estoppel.
Lawyers
Leading associates
Leading associates with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Practice head
Iwan Doull; Simon Care; Emma-Jayne Scullion
Other key lawyers
Hannah Davies