Recommendation for barrister in contentious estate case
Discussion
I've had to start legal action with regard to my late mother's estate. I'd made an agreement with the other beneficiary to settle the matter but they have now broken the agreement.
I've got to the stage in the process where I now need to hire a barrister. Whilst my solicitor has given me a few names to consider, has anyone here ever had to use one and if so can they be recommended?
I've got to the stage in the process where I now need to hire a barrister. Whilst my solicitor has given me a few names to consider, has anyone here ever had to use one and if so can they be recommended?
NDA said:
I can't recommend a barrister, but I used Mishcon de Reya to sort out an estate issue. They were superb - very sharp teeth and an elegant cornering of the person abusing the estate.
Feel free to PM if needs be.
Thanks but it is just barrister recommendations I'm looking for so I can check some others out. More than likely I'll go with one of my solicitor's recommendations (she gave me 4), but I just want to check who else is out there in different chambers. Feel free to PM if needs be.
Miserablegit said:
Have a look at Tanfield
https://tanfieldchambers.co.uk/area/private-client...
Thankshttps://tanfieldchambers.co.uk/area/private-client...
Have you used someone there? PM me if that's best for you.
I'll try this again as I had my post deleted
On the positive side Rose worked very hard for us: https://www.5sblaw.com/our-people/rose-fetherstonh...
I do have some to avoid but you'll need to PM me
On the positive side Rose worked very hard for us: https://www.5sblaw.com/our-people/rose-fetherstonh...
I do have some to avoid but you'll need to PM me
Willhire89 said:
I'll try this again as I had my post deleted
On the positive side Rose worked very hard for us: https://www.5sblaw.com/our-people/rose-fetherstonh...
I do have some to avoid but you'll need to PM me
Ta, I'll look her upOn the positive side Rose worked very hard for us: https://www.5sblaw.com/our-people/rose-fetherstonh...
I do have some to avoid but you'll need to PM me
uknick said:
I've had to start legal action with regard to my late mother's estate. I'd made an agreement with the other beneficiary to settle the matter but they have now broken the agreement.
I've got to the stage in the process where I now need to hire a barrister. Whilst my solicitor has given me a few names to consider, has anyone here ever had to use one and if so can they be recommended?
If your dispute is over a broken settlement agreement, you don’t really need a specialist in wills, probate and estates. It’s just a contract dispute. I've got to the stage in the process where I now need to hire a barrister. Whilst my solicitor has given me a few names to consider, has anyone here ever had to use one and if so can they be recommended?
If OTOH you genuinely need someone with knowledge of estates, I’d be looking at New Sq Chambers, 10 Old Square or 5 Stone Buildings. As someone else has already said though, your solicitor is well placed to make a recommendation. I wouldn’t get too hung on getting a specific personal recommendation from a random person on the internet.
Thanks for your comments.
I know what it can cost to take a will dispute to the Hight Court; I knew roughly before I engaged a solicitor and they confirmed my expectations. But, the value I'm looking for from the estate far exceeds those possible costs.
Before engaging a solicitor I did my ground work with regard to evidence supporting my claim. I obtained medical records to support a case of lacking testamentary capacity. In addition, I have evidence of coercive behaviour by the executor, who is also the main beneficiary, prior to the will being signed. I also have significant evidence of the other party telling copious lies to me which significantly influenced my decision to make the original agreement. All of which my solicitor thinks stands me in good stead going forward.
Why am I going for a will dispute case and not just a breach of agreement? Simple, the possible rewards are much higher if the will is set aside.
With regard to trusting my solicitor's judgement, yes I find it hard to trust anybody's view without corroboration due to my life experiences. For example, my partner was a plaintiff at an employment tribunal several years ago and the barrister she used, picked by her solicitors, wasn't very good. I thought they were very naive with regard to questioning the other side and missed several open goals by not following up on some of their witnesses answers.
I know what it can cost to take a will dispute to the Hight Court; I knew roughly before I engaged a solicitor and they confirmed my expectations. But, the value I'm looking for from the estate far exceeds those possible costs.
Before engaging a solicitor I did my ground work with regard to evidence supporting my claim. I obtained medical records to support a case of lacking testamentary capacity. In addition, I have evidence of coercive behaviour by the executor, who is also the main beneficiary, prior to the will being signed. I also have significant evidence of the other party telling copious lies to me which significantly influenced my decision to make the original agreement. All of which my solicitor thinks stands me in good stead going forward.
Why am I going for a will dispute case and not just a breach of agreement? Simple, the possible rewards are much higher if the will is set aside.
With regard to trusting my solicitor's judgement, yes I find it hard to trust anybody's view without corroboration due to my life experiences. For example, my partner was a plaintiff at an employment tribunal several years ago and the barrister she used, picked by her solicitors, wasn't very good. I thought they were very naive with regard to questioning the other side and missed several open goals by not following up on some of their witnesses answers.
We have spent close to a £1m over the last nine years, the executors who are a firm of solicitors £1.4M and I expect the other party are somewhere between the two figures.
Impairment can be assessed by having the deceased's medication reviewed by a professional third party appointed by the KC - they can also have a review of GP notes and call forward the GP as well as others like the usual optometrist. We did all of those
The key questions the KC might have is if the last will differed markedly from any previous and how close it was to the death.
We found the HC Judges to be patchy - some just kicked it off to another hearing - what i can tell you is resolution has been in baby steps.
It's a long expensive road
Impairment can be assessed by having the deceased's medication reviewed by a professional third party appointed by the KC - they can also have a review of GP notes and call forward the GP as well as others like the usual optometrist. We did all of those
The key questions the KC might have is if the last will differed markedly from any previous and how close it was to the death.
We found the HC Judges to be patchy - some just kicked it off to another hearing - what i can tell you is resolution has been in baby steps.
It's a long expensive road
Good look sorting out a dispute relating to capacity. Capacity can change hourly, weekly or permanently depending on the circumstances, who is assessing, and in what capacity. Would be interesting to understand the whole process buy you won’t be able to do that. Do update when resolved.
uknick said:
Miserablegit said:
Have a look at Tanfield
https://tanfieldchambers.co.uk/area/private-client...
Thankshttps://tanfieldchambers.co.uk/area/private-client...
Have you used someone there? PM me if that's best for you.
Good look sorting out a dispute relating to capacity. Capacity can change hourly, weekly or permanently depending on the circumstances, who is assessing, and in what capacity. Would be interesting to understand the whole process buy you won’t be able to do that. Do update when resolved.
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