4 December 2023, 9.00am - 10.00am
At 9am on the 4th December, Julia Beer, Lydia Pemberton and Chris de Beneducci presented a webinar on ‘Challenging Wills: Want of Knowledge & Approval’ to the Norfolk & Norwich Law Society and Norwich & Norfolk STEP Branch connections.
They each covered a number of topics including testator knowledge & suspicious circumstances, fraud & undue influence, and knowledge & approval of part.
Julia (TEP) has a traditional Chancery practice specialising in contentious probate, with particular expertise in domicile and cross border estates, fraudulent wills, 1975 Act claims and farming estates. “Julia is a formidable advocate with an excellent grasp of the law and ability to apply it to the facts of a case.” “Clients absolutely love her” and has been consistently ranked in Chambers and Partners High Net Worth rankings.
Julia is frequently instructed to advise in contentious farming estates and has developed a niche understanding of agricultural issues and family business structures. Her advice often extends to bringing and defending ancillary proprietary estoppel and constructive trust claims against Estate assets; advising on realising the Estate’s shareholding in both property and farming limited companies; and advising on the post death winding up of farming partnerships. When advising Julia is able to drawn upon her underlying Company Law expertise (she is editor of the Unfair Prejudice Chapter in Gore Browne on Companies) and Court of Protection knowledge (as an editor of the Court of Protection Law Reports 2013-2022). She often advises on lifetime financial abuse claims within the Court of Protection; and post death claims to recover funds in the Business and Property Court. She regularly advises on the removal of Personal Representatives and LPAs.
Lydia has a traditional chancery practice and has an extensive understanding and considerable experience of contentious probate and estate matters, particularly those involving allegations of fraud and financial misconduct, and breach of duty claims. Her practice includes acting for clients in respect of will validity challenges, interpretation/construction claims, the removal of personal representatives and trustees, Beddoes applications and other Part 64 proceedings, Inheritance Act claims, TOLATA claims and other equitable claims including those based on proprietary estoppel. She regularly appears in the Hight Court.
Chris’ contentious probate practice currently focuses on (i) claims (generally by adult children) under the Inheritance Act 1975 and (ii) challenges to the validity of wills on the ground of testamentary incapacity.
Chris’ private client work covers both advocacy and advice. As sole counsel in a three-day trial before HH Patrick Moloney QC, Chris successfully represented the claimant in setting aside his mother’s will on the grounds of lack of capacity and want of knowledge and approval. The claim involved contested expert evidence from prominent Oxbridge clinical academics on both sides.
Chris is a co-author of “Drafting Trusts and Will Trusts: A Modern Approach” (Sweet & Maxwell; 15th ed.), forming part of an editorial team led by James Kessler KC. He also contributed the “Claims Against Professionals” chapter to STEP’s new Contentious Estates course.