Probate & Estate Planning

When it comes to offering contentious trusts and probate advice, our expert lawyers recognise that early–stage involvement and quality advice can be key to conflict avoidance. Wherever possible, our team will utilise alternative dispute resolution (ADR) methods including negotiation and mediation. Should court proceedings be necessary, we ensure that they are conducted professionally and as cost-effectively as possible. 

• Acted for the spouse in a claim against her late husband’s estate (c.£2.5m), to secure housing provision and assets for her needs.  
• Acted for a beneficiary of a substantial family trust (c.£20m) which concerned claims for damages in negligence against advisers to the trustees, and which included complex tax issues. The matter was resolved upon a successful application for rectification in the High Court, securing the client’s interests.  
• Acted on a will validity dispute concerning a Sussex farm valued c.£6m – settled by mediation and secured the client beneficiaries’ interests under the will.    
• Acted for the claimant in a successfully resolving a claim regarding rectification of a trust deed affecting the client’s interest in his own home.    
• Acted for a disappointed beneficiary in successfully resolving claim to ensure the fulfilment of the deceased’s clear testamentary intentions after the failure of the will drafter to ensure execution of a will before death.    
• Acted for beneficiaries in a claim to challenge the validity of a will involving allegations of fraud, forgery and dishonest conspiracy which was successfully settled before proceedings were issued.    
• Acted for the executor of a c. £1.2m estate, to recover misappropriated assets held by the deceased’s attorney (when acting under an LPA ) and in respect of which such funds had been mixed with the attorney’s funds/assets, securing the recovery of the funds.    

The appointment of a lasting power of attorney (LPA) is not always possible. In these circumstances, we work closely with the family to apply for the appointment of a Deputy to the Office of Public Guardian (OPG). We are experienced in applying for various specific orders, and guide clients sensitively every step of the way. 

• Acted in a Court of Protection application for a £10 million statutory gift and statutory will in a multi-million estate    
• Prepared and filed a digital property and affairs deputyship application for the brother of a wealthy business man who suffered traumatic brain injuries following a road traffic accident but had not prepared lasting powers of attorney in advance.    
• Acted in the application for deputyships at the Court of Protection for both property and financial affairs and health and welfare for severely autistic adults.   
• Advised a family on a very urgent basis about rights and duties owed to their incapacitated elderly mother, in relation to funding of her care in a care home, a potential deputyship application, gatekeeping of NHS and care services by the local authority and Deprivation of Liberty assessments under the Deprivation of Liberty Safeguards (DOLS).    
• Instructed by the Official Solicitor in an application by the local authority to the Court of Protection for capacity declarations, and best interests decisions regarding the woman’s care, where she lived, what contact she should have with her daughter, her property and affairs and whether her LPA should be revoked. 

Our Probate & Estate Planning team advise those with assets or liabilities across a number of jurisdictions on how to best minimise future difficulties that may arise. Many of our clients reside in one country whilst possessing substantial assets in another. Our lawyers advise on the English legal implications that occur from cross-border probate, wills, and capacity issues, liaising with overseas advisers, HMRC, and the Probate Registry to resolve what can be complex legal and tax issues both their lifetime and after death. 

• Instructed to administer the estates of a wife and husband who had mixed domicile and worldwide assets of circa £1 billion.   
• Advised an internationally renowned musician on issues of domicile surrounding his family home in the UK and liaising with Canadian lawyers on the impact for his worldwide estate.   
• Advised executors in relation to cross-border estate administration devolved by two wills, one dealing exclusively with South African estate and the other dealing with the deceased’s worldwide estate outside South Africa (assets in UK, Isle of Man, Guernsey, South Africa, USA and Australia)    
• Advised an UHNW Middle Eastern family on succession and tax rules applicable for a deceased client with multiple assets in different jurisdictions, including the UK rules of intestacy, Sharia succession, French, Panamanian and Gibraltar succession rules.   
• Acted on behalf of a severely disabled young woman moved to England from the  
• Advised on a matter concerning the demand for disclosure of English wills to Swiss authorities. 
• Set up a family office structure for a Malaysian family in four jurisdictions.   
• Advised on a Cayman STAR trust structure for a Dubai-based family.   
• Advised a family on UK and coordinating Sharia law advice in relation to a worldwide restructuring of assets held in Dubai prior to return to the UK.   
• Acted in the administration of a large estate of a leading musician with complex business property relief and US tax issues together with French and Spanish issues regarding a minor inheriting real estate in France and Spain.   

Dealing with the loss of a loved one is extremely difficult, particularly when paired with the added responsibility of handling the deceased’s estate. Our solicitors can advise on whether a Grant of Probate or Letter of Administration is required, in order for assets to be collected and distributed as stated by the deceased or intestacy rules. The team can also offer sophisticated tax advice to executors, next of kin, and other beneficiaries, ensuring that costs are minimised and the estate is distributed as efficiently as possible. 

• Administered an estate with a large number of rental properties and business assets. Many of the properties had historical and problematic tenancy arrangements.   
• Acted as a court appointed independent trustee in a complex estate involving multiple properties and international assets.    
• Acted for executor/trustees of a discretionary will trust in the administration of the trust and ongoing support for a vulnerable discretionary beneficiary.    
• Advised the executors of a complex estate with overseas assets and successfully claimed the TNRB and TRNRB with HMRC, where the predeceased spouse was resident abroad but domiciled in the UK.   
• Acted for a widow and administered the intestate estate of her late husband, including a statutory trust for minor children.    
• Acted on a successful claim of an active service exemption for a deceased client in respect of wounds received 62 years prior to death thereby obtaining a refund of £585,000 of inheritance tax and interest to the deceased’s estate.
• Advised the executors of a farming estate and successfully claimed Agricultural Relief for both the farmland and the farmhouse.  
• Dealt with an estate where the only asset was a derelict property worth £2.5m. This required obtaining a special grant of probate to sell the property to release funds before paying any inheritance tax and negotiating with HMRC and the probate service.   

In certain circumstances, an inheritance may be disputed and our team regularly advises clients on both sides of the table. We assist those wishing to make an Inheritance Family Provision claim, in relation to the merits of the claim and subsequently how to pursue it effectively. We also represent executors or beneficiaries in relation to claims filed against them. 

• Acted for the claimant, the widower of a property investor with a multi-million-pound portfolio, to secure substantial provision.    
• Acted for the claimant, the elderly cohabitant of a millionaire farmer, to secure further reasonable provision from the estate.    
• Acted for the defendant beneficiary of a multi-million-pound estate against parallel Inheritance Act claims by the widow and sibling.    
• Drafted wills taking into account potential claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.   
• Acted on various substantial claims under the Inheritance (Provision for Family and Dependents) Act 1975, nearly always having complex international issues.    
• Acted for a widow making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision.   
• Acted in a 1975 Act claim on behalf of children, via their litigation friend in proceedings in the High Court Family Division in a claim concerning the recovery of assets that were moved out of the deceased’s estate shortly before his death. The estate was an estimated £2–3m and substantial provision was secured for the children’s needs.  

Adequate inheritance tax planning is vital to ensure that assets are left to elected beneficiaries in accordance with the wishes of the deceased. We regularly advise clients on estate planning in relation to the preparation of wills and trusts and do so in a tailored way that suits the needs of each individual. 

• Providing ongoing advice to the widow of a wealthy (£30M+) former multi plc managing director on lifetime and estate inheritance tax planning and structured family provision via her will and trusts, taking account of constantly changing circumstances, and working closely with her longstanding accountant in regular review meetings.  
• Acted for high-net-worth cohabitees, drafting new wills and LPAs to incorporate effective inheritance tax planning for a blended family.  
• Advised an eminent Cambridge professor on inheritance tax planning strategies including a double trust scheme; then acted for his executors in the administration of his estate and in negotiations with HMRC.   
• Advised manufacturing entrepreneurs worth £60m on their succession plan to include restructuring their existing trusts and creating trusts in their wills to claim business property relief.   
• Advised and implemented a ‘gift with leaseback’ arrangement on a £3m family home to mitigate IHT.    
• Advised a recently separated high-net-worth individual on a new will and setting up a family investment company as part of the IHT successional planning exercise.   
• Maximised the claim for Business Relief and Agricultural Relief in relation to a £4m farming probate and also making a claim for Quick Succession Relief.    
• Provided estate planning, succession and tax advice to family members resident and domiciled in the Middle East in relation to their UK properties.  
• Acted for a family with significant equine interests on their complex estate and succession planning arrangements.  
• Advised a construction entrepreneur on a prebusiness sale planning strategy designed to maximise available tax reliefs and wealth protection.   

Appointing a lasting power of attorney (LPA) is an important life decision. Our team works closely with clients to ensure that they fully understand the extensive powers that are granted by an LPA. We can prepare and register property and financial Advice LPAs and health and welfare LPAs. We also advise attorneys on fulfilling their duties under LPAs. 

• Advised attorneys in connection with palliative endoflife care for the donor of the LPA.    
• Advised the donor of LPAs following a diagnosis of a terminal, life-shortening illness and advised generally in organising her affairs, including immediate gifts and preparing a new will.  
• Advised two brothers appointed as attorneys for their mother under a Property and Affairs LPA in regards to an investigation by the Office of the Public Guardian.   
• Instructed to advise and assist an international client based in Lebanon in relation to the urgent creation and registration of a lasting power of attorney relating to her property and affairs in England.    
• Advised and assisted the son of an incapacitated woman who faced serious allegations of financial misconduct under a lasting power of attorney.   
• Acted on behalf of a billionaire with Lewy body dementia, in proceedings brought by his brother; involved allegations of restrictions on contact and of manipulation and undue influence in the creation of his lasting powers of attorney.    
• Acted for an attorney after the donor had lost mental capacity, to ensure she fulfilled her legal duties as an attorney when signing a care home contract.    
• Instructed by the Official Solicitor as litigation friend in an application by the local authority to the Court of Protection for capacity declarations, and best interests decisions regarding the woman’s care, where she lived, what contact she should have with her daughter, and whether her LPA should be revoked.    
• Acted for the executor of a c. £1.2m estate, to recover misappropriated assets held by the deceased’s attorney (when acting under an LPA ) and in respect of which such funds had been mixed with the attorney’s funds/assets, securing the recovery of the funds.  

Our Probate & Estate Planning team offer practical and tax advice in relation to the establishment of UK trusts as well as ongoing assistance to trustees or beneficiaries. 

• Advised manufacturing entrepreneurs worth £60m on their succession plan to include restructuring their existing trusts and creating trusts in their wills to claim business property relief.  
• Acted for an ultra-high-net-worth entrepreneurial couple in relation to ‘asset protection’ wills and the creation of a family trust.  
• Advised an ultra-high-net-worth billionaire Dutch client and his advisers in relation to his worldwide affairs and structures including tax planning, running his trust/corporate structures, purchasing high-end residential property, purchasing and holding a very high value art collection, and investment in his family business.  
• Advised an ultra-high-net-worth billionaire Middle Eastern family in relation to setting up an asset protection trust structure to hold the family’s worldwide residential property, aircraft, boats and art.  
• Advised the executors of a multi-jurisdictional estate in relation to the reporting to HMRC of a complex claim for non-UK domicile including, advice on gifts with reservation, pre-owned assets tax, trust interests, deeds of variation, HMRC enquiries and the ongoing administration of the estate.  
• Acted for the executors of a discretionary will trust to vary the trust into an interest in possession trust in order to secure a more favourable tax regime.  
• By a deed of variation, introduced a Business Trust to capture Business Relief on £7m of business assets sold shortly after first death. The variation potentially saved 40% IHT.   
• Advised the trustees of various trusts holding multimillion pounds worth of assets on a successful application under the Variation of Trusts Act 1958    
• Advised the executors of a farming estate and successfully claimed Agricultural Relief for both the farmland and the farmhouse.  

The preparation of a will can be simple or complex depending on the requirements of the client. Our team of experts offer tailored advice to individuals wanting to prepare a will covering a single jurisdiction and to individuals with more complex arrangement needs which may cover issues such as domicile, estate planning, and trusts. We are also experienced in liaising with overseas advisers where necessary to ensure that a will prepared in another jurisdiction fits seamlessly with one that has been prepared under English law. 

• Advised an elderly high-net-worth individual, the beneficiary of a contentious high-value estate mainly comprising farming assets, in relation to lifetime gifts, her will, and lasting powers of attorney for financial and health and care decisions.   
• Drafted the will for client shortly before he died of a terminal illness. After the client’s death, acted as co-executor to administer the deceased’s estate alongside his widow.   
• Advised on and prepared Sharia (Islamic) compliant UK wills for families based in the Gulf in relation to their UK assets.   
• Drafted wills for a wealthy couple seeking to take advantage of the UK/Indian Double Tax Treaty.   
• Drafted wills considering the devolution of copyrights and royalties worldwide.   
• Advised two medically vulnerable clients regarding wills, a gift of a property and Lasting Powers of Attorney. This advice follows after the clients were scammed by an online Will writing service   
• Drafted wills and estate planning for farming clients.   
• Drafted wills taking into account potential claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.   
• Drafting wills dealing with intellectual/agricultural/business property (including a working port) and art collections.    
• Drafted complex UK (and liaison with overseas advisors) and overseas wills for musician with complex royalties and copyright issues both in the UK and worldwide.