Daniel has a broad wills and trusts practice encompassing both contentious and non-contentious work. He has experience advising on the proper construction of wills, their formal and substantive validity, will challenges based on lack of capacity, want of knowledge and approval, and undue influence. Daniel also frequently advises in relation to claims for provision pursuant to the 1975 Act.
His recent caseload includes:
- A successful application for a vesting order of property subject to a will trust where the sole adult beneficiary was absolutely entitled to the property.
- Advising an executor in relation to a stalemate caused by the co-executor intimating, but refusing to pursue, a claim against the validity of the will.
- A dispute concerning claims for undue influence and proprietary estoppel where the deceased had unexpectedly changed his will to cut out a family member who had previously been promised the family home.
- Advising a child claimant in relation to a potential 1975 Act claim and the terms of a deed of variation.
- A dispute concerning the proper construction of a homemade will, particularly whether one provision gave a life interest in a property or simply permission to stay for a short period of time.
- A dispute concerning a will challenge from a person living outside of the EU and the correct procedure for service in those circumstances.
- A dispute concerning an unwritten loan agreement entered into by the deceased and the executors’ attempt to call in the loan.
- Advising a beneficiary on a potential application to appoint independent interim administrators in circumstances where the executors were not acting neutrally in response to a potential probate claim.
