Abha provides expert advice and representation in a wide range of trusts and probate disputes. Abha has represented both claimants and defendants, including executors and charities in settlement negotiations, mediations, interim applications and trials.
Abha is mindful of the personal impact of such litigation against a background of family dispute and grief as well as the pressing financial needs of individuals and charities.
Abha also has significant experience of applications to the Court of Protection, including applications for deputyship, contested deputyship hearings, applications for statutory wills and specific applications regarding P’s property and financial affairs.
Recent and ongoing work includes:
- Advising and preparing a Court of Protection application for a statutory will;
- Represented the son of the deceased in a six-day trial. He brought claims under the Inheritance (Provision for Family and Dependants) Act 1975, a claim for proprietary estoppel and challenges to the will based on undue influence and lack of testamentary capacity;
- Acting for a trustee facing breach of duty allegations and allegations of self-dealing – value of the claim against the trustee- £5 million (Trust assets value £11 million). Successfully negotiated a settlement after 6 months of involvement despite the case already having dragged on 5 years prior;
- Preparing a Beddoes application and representing the executors in the High Court, seeking permission to bring a substantial banking litigation (multi-million pound value) claim on behalf of the Estate;
- Advising the long term co-habiting partner (25 years) of the deceased who died suddenly without updating his will achieving satisfactory settlement without trial – Estate value £1.5 million;
- Advising the daughter of the deceased on a claim against her late mother’s estate by her brother, who sought to set aside protective trusts which arose under a codicil. Estate value – £4.5 million;
- Advising the Executor of an Estate, a friend of the deceased who was also the remainderman beneficiary of a life interest trust in the deceased’s property in respect of a challenge against the validity of a will- negotiated a way to complete the administration of the Estate and secured a substantial sum in settlement. Estate value – £650k;
- Advising and achieving a settlement in a claim against several charities on behalf a son in similar circumstances to the claimant in Ilott v Mitson [2017] UKSC – Estate value – £1.5 million;
- Acted for a minor in a claim against the Executors for rectification of a will whereby the minor’s interest would be reduced; value of the Estate- £5million;
- Successfully negotiated a minimal settlement on behalf of defendant charities in respect of a claim by the daughter of the deceased who cared for her for the last 5 years of her life;
- Achieved a significant settlement on behalf of wife of the deceased who was given just a 2 year right to occupy the deceased’s home under the will, notwithstanding the brevity of the marriage and the fact that this was her fourth marriage;
- Advised on defending a claim of undue influence brought by siblings against the executor and sole beneficiary; value of the Estate £400k, keeping the settlement to a minimum.
