James Smith

Mishcon de Reya

James is an Associate in Private Wealth Disputes team, specialising in disputes relating to probate, the validity of Wills, intestacy, international succession, claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, trusts, mental capacity and the Court of Protection, administration actions under Part 64 of the Civil Procedure Rules (such as the determination of questions arising in the administration of an estate or a trust) and applications for directions. He also has experience in litigation involving the Trusts of Land, Appointment of Trustees Act 1996 and the enforcement of judgments.

Contributed to

3

Are two trustees or a trust corporation required to let land in the same way as a transfer of land?

Q&A

This Q&A considers whether it is necessary to have two trustees (or a trust corporation) to overeach equitable interests on a lease of land, in the same way as a transfer of land.

Private Client

What is the definition of ‘intermeddling’ in an estate? Can an executor make a claim against the estate

Q&A

This Q&A considers intermeddling in an estate and whether an executor can bring claims against the estate of which they are a personal representative.

Private Client

Where a firm is named as sole executor in a Will and the firm has been informed that a member of the

Q&A

This Q&A considers what can be done to prevent a grant of letters of administration being issued to a family member of the testator, where that testator left a valid Will appointing the partners in a law firm as sole executor but who were not informed of the testator's death before the application by the family member was made.

Private Client