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30
Legal Expert Board
JULY 2014
Private Client
This month we speak to Paula Myers, a Partner and the National Head of the Wills, Trust and Estate Disputes department at Irwin Mitchell LLP.
What are the most common cases you work on, regarding Will trusts and Estate disputes?
The Will Trust and Estate Disputes team at Irwin Mitchell is the largest specialist team (outside of London) and deals with a wide spectrum of claims. Typically these will involve
1. disputes between trustees involving breach of trust and various breaches of fiduciary duty,
2. Trusts disputes where there is a fall out between beneficiaries and trustees for a number of reasons
3. proprietary estoppel claims generally for farming clients or clients who are involved in commercial or residential property portfolios.
Other cases we may be involved in include challenging the validity of Wills based on lack of testamentary capacity, undue
influence issues and Wills which do not satisfy the Wills Act
Most recently, we have handled an increase in Will cases requiring rectification proceedings to correct a mistake in the drafting or a clerical error by the Will drafters which have led to uncertainty for the beneficiaries. Our team is skilled at handling financial provision claims for spouses, civil partners, children and cohabitees and whilst our practice is generally a claimant practice, we also handle some defendant work.
What are the most common challenges you face during your work for Will trusts and Estate disputes?
The most challenging part of the job is the emotional factors for our clients and the opponents as our caseload often involves a family relationship that has broken down or become estranged. This can make the resolution of disputes much harder as clients are not only coping with the death
of a loved one but dealing with a difficult and emotionally charged opponent.
How are these challenges navigated?
Our team are skilled and experienced at dealing with these cases in a sensitive way. Our bedside manner is one of our great strengths and is paramount to resolving disputes or dealing with them in a professional manner if they need to be fought at trial.
What are the most challenging aspects of your role overall?
It is essential to keep our clients and contacts happy and assured at all times. This can be most challenging when hurtful and emotive language is used as a dispute unfolds. This sort of behaviour is inevitable in our work and try to deal with this in a way that we would like to be treated personally. The personal relationship management is not underestimated by our team and we believe it is this which leads us to being