Next Generation Partners

Contentious trusts and probate in Wales

Hugh James

Hugh James provides a ‘Rolls-Royce service’ to claimants and defendants, including banks, professional executors, trustees, high-net-worth individuals and charities, across a variety of trusts and probate disputes. ‘Top-notch’ team head Roman Kubiak, who splits his time between Cardiff and London, handles high-profile cases involving cross-border issues. Matthew Evans also handles disputes work as part of his overarching private client expertise, with particular expertise in representing agriculture sector claimants and defendants in relation to proprietary estoppel cases. The arrival of ‘excellent’ solicitor-advocate John Davies from Howells Solicitors adds further experience to the practice.

Praxisleiter:

Roman Kubiak


Weitere Kernanwälte:

Matthew Evans; John Davies


Referenzen

‚They provide a Rolls-Royce service.‘

‚The team has a wide range of expertise, covering the full range of contentious trusts and estates and contentious Court of Protection work. It has a niche specialism too in care home fee disputes for elderly and vulnerable clients.‘

‚They know their stuff and are formidable opponents with a realistic approach.‘

Kernmandanten

Hugh James Trust Corporation


Highlight-Mandate


  • Advised the Hugh James Trust Corporation on finalising the administration of an estate, against which a removed executor continued to make baseless claims against the estate over several years.
  • Acted for the primary residuary beneficiary of an international estate in a cross-border probate dispute, defending claims over the validity and scope of dual wills and negotiating a settlement regarding domicile and inheritance tax liability.
  • Advised a deputy on preparing a statutory will for an individual with highly-complex needs, balancing significant tax planning with care costs, while addressing potential disputes over the individual’s wishes to exclude estranged relatives from inheritance.

Berry Smith

Overseen by Iwan Doull and Simon Care with day-to-day work handled by the ‘hardworking and accessible’ Emma Jayne Scullion, the ‘responsive and supportive’ team at Berry Smith continues to develop a solid practice. Scullion’s workload includes cases involving challenges to the validity of wills and Inheritance Act matters. Care also handles a notable volume of contentious probate matters as part of his broad Chancery practice and is praised for his ‘exceptional’ grasp of cases.

Praxisleiter:

Iwan Doull; Simon Care


Weitere Kernanwälte:

Emma Jayne Scullion; Hannah Davies


Referenzen

‚The team is responsive and supportive, providing regular updates on developments in the case.‘

‚Berry Smith offers exceptional value for money. The quality of its solicitors at all levels of seniority is excellent.‘

‚The practice is big enough to have the required expertise but small enough to care.‘

Highlight-Mandate


  • Succeeded in an application to appoint an independent Interim Administrator of his father’s multi-million pound, cross-border Estate, in place of the opponent, the client’s fathers’ ex-partner, due to concerns regarding her transparency.
  • Successfully struck out a fundamentally flawed claim brought against the client in his capacity as Executor of his late Aunt’s Estate which demanded disclosure of property title deeds and made allegations of breach of duty to beneficiaries.
  • Successfully settled High Court proceedings brought against the client in his capacity as Executor of his late Uncle’s Estate by two other relatives claiming an equitable interest in the proceeds of sale of one of the Estate properties on the grounds of alleged estoppel and/or a constructive trust.

Geldards LLP

Led by consultant Laura AllissGeldards LLP provides ‘spot-on advice’ to charities, executors, trustees and beneficiaries across a broad swathe of disputes including issues relating to testamentary capacity, Inheritance Act claims and promissory estoppel. Allis is able to ‘shepherd clients to good resolutions of their claims’, be it through the court system or negotiations.

Praxisleiter:

Laura Alliss


Referenzen

‘Laura Alliss – an experienced contentious probate litigator who gives spot on advice and can shepherd clients to good resolutions of their claims.’

Kernmandanten

Tenovus Cancer Care


Wales Air Ambulance


Heart Research UK


Leicester County Council


Highlight-Mandate


  • Representing the executors of a £6m estate which is the subject of an intimated promissory estoppel claim brought by a named executor. The case is particularly complex as there are 46 pecuniary legatees (including 26 charities).
  • Representing an executor/beneficiary of an estate which is the subject of two challenges by different parties, the first being an inheritance act claim by a cohabitee and the second a validity claim brought by a sibling
  • Dealing with a case where two wills appeared to have been executed concurrently.

Howells Solicitors

Howells Solicitors was recognised by clients as the ‘go-to team for contentious and non-contentious probate in Cardiff’. ‘Outstanding and very committed’ team head Laith Khatib has an advisory and contentious offering spanning a myriad often complex matters for claimants and defendants. The scope of the work runs the gamut from Inheritance Act disputes and claims relating to the validity of wills, through to cases relating to the construction of wills and trust deeds.

Praxisleiter:

Laith Khatib


Referenzen

‚The go to team for contentious and non-contentious probate in Cardiff.‘

‚The team is very professional, competent and friendly.‘

‚Laith Khatib is outstanding and very committed.‘

JCP Solicitors

Under the leadership of the ‘extremely knowledgeable and robust’ Richard HowellsJCP Solicitors‘ well-established practice receives a significant flow of work for clients in west Wales and throughout the south Wales corridor across a wide range of probate and trusts disputes. As well as working with Howells on high-stakes disputes, the ‘tactically astute’ Tomas Davies has developed a particular skill in handling Inheritance Act cases.

Praxisleiter:

Richard Howells


Weitere Kernanwälte:

Tomas Davies


Referenzen

‚The team is dedicated to its clients and achieving the best results as swiftly as possible.‘

‚JCP has a strong team of excellent solicitors in this area. Instructions are invariably clear, detailed and focused on the issues at hand. Their multiple locations across south Wales means they are able to provide a local service with the apparatus behind a large, well-established firm.‘

‚Richard Howells has an in-depth knowledge of probate and all matters ancillary to it. This allows for the swift resolution of cases through appropriate and clear pleadings and efficient case management.‘

Kernmandanten

NFU and its members in South and Mid Wales


Red Kite Law LLP

Under the leadership of Alexia Thomas, the ‘commercially focused’ team at Red Kite Law LLP has grown its offering, with the arrival in July 2024 of Rachel Morris from JCP Solicitors. The firm has the resources to handle a significant range of instructions, running the gamut from Inheritance Act and will validity cases, through to executor and breach of trusts claims. Leveraging her previous experience in commercial litigation, the ‘incredibly focused and detail oriented’ Thomas excels in complex disputes arising in the agriculture space, often involving partnership issues.

Praxisleiter:

Alexia Thomas


Weitere Kernanwälte:

Alice Powell; Rachel Morris; Andrew Kelly; Joshua Jones


Referenzen

‚They provide a great service in west Wales.‘

‚The team is commercially focused and has a good understanding of the law and relevant procedure.‘

‚The team has a specialist practice and have a good amount of quality work covering their geographic spread.‘

Highlight-Mandate


  • Acted for the deceased’s partner to bring a 1975 Act claim in circumstances where the deceased died intestate resulting in 26 of the deceased’s distant cousins receiving a share in the estate.
  • Acting for a court appointed professional administrator in seeking directions from the Court to progress the administration of an estate.
  • Instructed by a client in relation to a long running trust dispute, and resolving it via ADR.

Acuity Law

Janice Powell heads up Acuity Law‘s contentious probate team, and has considerable experience in the field, with work running the gamut from advice to clients on Inheritance Act claims, trust disputes, removal of executors and trustees, and proprietary estoppel matters.

Praxisleiter:

Janice Powell


Weitere Kernanwälte:

Emily John


Referenzen

‘A solid firm that gives reliable advice.’

‘Janice Powell – an experienced contested probate lawyer with sound judgment.’

‘The firm is efficient, friendly and supportive. They are constantly proactive and first rate at keeping clients abreast of developments in their cases.’

Gomer Williams & Co

Forming part of the firm’s broader commercial litigation offering which is led by the ‘thoughtful and tenacious’ Clare Tregoning, Gomer Williams & Co regularly handles work for clients bringing and defending claims relating to contentious probate matters. Tregoning handles a wide variety of complex cases, including where ownership to property is at stake.

Praxisleiter:

Clare Tregoning


Referenzen

‚Clare Tregoning is knowledgeable, efficient, experienced and sensible.‘

‘Clare Tregoning is a thoughtful and tenacious litigator whose practice includes will capacity disputes and will interpretation.’

‚Our experience with the professionals at Gomer Williams was outstanding. They have handled our case with the utmost professionalism and care through difficult, anxious and challenging times.‘

Highlight-Mandate


  • Advising a client in relation to claims of breach of trust by the joint representative of an intestate estate where the statutory legacies are in favour of the deceased’s wife and children.
  • Representing an executor client in his claim for possession of the deceased’s property from the adult occupier.
  • Represented a mother in relation to claims by her deceased’s son’s estate for declarations as to dissolution of a business partnership, orders for sale and accounting.

Harrison Clark Rickerbys

The arrival of Richard Adams from Douglas-Jones Mercer in July 2024 added a contentious offering to Harrison Clark Rickerbys‘ existing advisory private client practice in Cardiff. Adams also works closely with the firm's private client practice and growing agriculture team.

Praxisleiter:

Richard Adams


Referenzen

‚It has a growing reputation as one of the leaders in the contentious trust and probate field.‘

‘Richard Adams is a top-notch lawyer.’

‚Richard Adams is a standout practitioner.‘