Contentious Probate

A particular growth area is contentious probate, which can involve many complex areas of law. We advise on all relevant aspects, including:-

• claims under the Inheritance (Provision for Family and Dependants) Act 1975;

• actions for the Court to determine whether a Will or Codicil is a valid testamentary instrument;

• actions arising where a Grant of Probate has been obtained, but it is subsequently alleged that the Will is invalid or that the Grant was improperly obtained;

• actions for the rectification of a Will in circumstances where a Will draftsman has failed to carry out the testator’s instructions;

• actions where the interest of a person seeking letters of administration or opposing a Will is disputed;

• actions seeking the appointment of a judicial trustee;

• administration actions.

Trust litigation

Trust litigation is often highly complex and subject to its own procedures. The rights and duties of trustees and beneficiaries has to be properly understood to enable appropriate advice to be given and the correct course adopted. We provide advice to trustees on all aspects of trust litigation, whether the trustees themselves institute the action or find themselves defending an action. Experience includes:-

• disputes concerning the rights and interests of persons claiming to be beneficially entitled to a trust;

• applications for breaches of trust, wilful default or misconduct by a trustee and removal of trustees;

• disputes arising in connection with the execution of a trust or the validity of a trust;

• all forms of family trust litigation;

• litigation alleging the existence of a constructive trust arising as a result of undue influence, mistake or fraud;

• sham trusts and tracing;

• contested Beddoes applications.

Charity proceedings

In instances where charities are involved in litigation, we advise on:-

• the procedure for making an appropriate application to the Attorney General for him to be joined as a party in proceedings;

• choosing the right route for an action – the High Court or the Charity Commission;

• disputes arising where a trustee has been guilty of a wilful breach of trust;

• disputes arising where the trustees fall out.

Medical Negligence Claims

In the event that you have been injured as a result of medical negligence, expert legal advice is needed, both to assess your position, and to determine if and how best to proceed.

In this specialist area, the combined knowledge of law and medicine is essential.

Henry is a highly experienced solicitor who has practised as a medical first responder for over thirty years, and accordingly has the necessary special synthesis and understanding of the specific sensitivities often inherent in such claims.  He is able to empathise and deal with your case incisively and sympathetically to effectively achieve your objective.

This firm is regulated by the Solicitors Regulation Authority, SRA number 533655.

Frydenson & Co Solicitors is the trading name of Frydenson & Co Limited registered in England and Wales.  Registered number 7170289.  Registered office as above