In relation to probate matters, we handle UK inheritance claims, will validity disputes (including issues of testamentary capacity and undue influence), and professional negligence claims involving estate administration and portfolio mismanagement.
Examples of recent cases include:
- Advising the executors of the estate of a deceased who died leaving his estate to a minor. The deceased had been advised negligently by a solicitor at a well-known firm who had recommended highly speculative investments in transactions where he also acted for the undisclosed counterparty. Claims are being brought by the estate.
- Representing the widow of a £600m estate. Her complaint concerned the disappearance of assets before the death of her husband. She asserted a claim under the Inheritance (Provision for Family and Dependents) Act 1975 against members of the family who had received lifetime gifts. The case settled.
- Advising the widow of a Lebanese domiciled but UK resident high net worth individual on a contested estate matter. The case involves a Jersey trust, an English trust (with English solicitor trustees) and a UK firm of financial advisers. Claims in negligence and for the removal of the trustees are being pursued.
- Representing defendant trustees, culminating in a 10-day trial dealing with allegations of validity and the effect of a declaration of trust. The case involved issues of sham, liability of trustees, estoppel, laches, acquiescence and the effect of s.61 of the Trustee Act 1925.
"James Price is a first rate litigator with an excellent grasp of what is required"The Legal 500
"It is James Price's understated manner and the way he approaches cases that is fantastic. He is very pragmatic and sensible. He walks softly but carries a big stick"Chambers
"James Price is extremely incisive in that he is good at picking up on what is important to his client"Chambers
Meet the Trust and Probate Litigation team
The head of department, James Price, is described by Chambers as “a very impressive and very robust litigator who fights for his clients”.
The team offers a substantial range of litigation-specific advice to private individuals, corporates and professional trustees.