| Call 2002
Profile: Wills and Estates
Experience and Expertise
Frances’ work includes administration actions, claims under the Inheritance (Provision for Family and Dependants) Act 1975, non-contentious and contentious probate, deeds of variation, construction and rectification of wills and administration of estates generally.
Recent litigation includes:
- acting for a defendant in a Beddoe application for directions in the Bristol District Registry;
- acting for the executors of an estate on an assignment of a cause of action;
- acting for the personal representatives of an estate on the sale of property alleged to have formed part of the deceased’s parents’ estates;
- acting in an application for the grant of administration ad colligenda bona;
- acting in a claim for construction of a home-made will;
- acting for the claimant in a claim to recover unpaid care home fees from executors;
- acting for the defendants in a claim by a co-habitee for provision under the Inheritance (Provision for Family and Dependants) Act 1975.
Recent advisory work includes:
- advising on the powers of advancement, appointment and resettlement in a will trust;
- advising on the appointment of new administrators in a claim where the relationship between the beneficiaries and administrators had broken down;
- advising the beneficiaries on a claim against the personal representatives for an inventory, an account and enquiries and devastavit;
- advising the trustees on the identity of discretionary beneficiaries;
- advising whether the terms of a proposed settlement of a probate claim are in the best interests of a residuary (child) beneficiary;
- advising on the construction of a gift of property in a will and whether this gave rise to an absolute gift, a conditional gift or a life interest.
Cases of Note
- Newman v Bascran: claim by co-habitee for provision under the Inheritance (Provision for Family and Dependants) Act 1975;
- Lane v Lane: application by a former spouse to extend time to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- Wills & probate: Cost neutral? (NLJ Vol 159 (7387) 1355)
- Executors’ costs after Raymond Saul v Hemming: When can executors recover their costs out of the estate?