Contentious trusts and probate in Wales

Hugh James

Hugh James has 'the depth and range of experience to take on complex or modest litigation for institutions and private individuals', running the gamut from Inheritance Act claims, through to complex proprietary estoppel claims. Team head Roman Kubiak is recognised as a 'titan in the world of contentious trusts and probate', combining as he does a 'first-class legal brain with charm' to ensure the best possible results for clients, mindful of the client's overall and objectives and the costs involved with endless and unnecessary litigation. As well as receiving direct individual instructions, Roman has also successfully cultivated strong relationships with financial institutions, charities and professional trustees, ensuring a tremendous variety and scope of work that spans Wales and England and also regularly has cross-border ramifications. Matthew Evans combines strong contentious and non-contentious smarts in his role as overarching private wealth head, ensuring that clients receive a very joined up and holistic service. Senior associate Sarah O'Grady  has thrived since recently joining the firm from Clarke Willmott LLP and has been particularly effective in handling a range of trusts and probate disputes in the agricultural sector.

Responsables de la pratique:

Roman Kubiak


Autres avocats clés:

Matthew Evans; Sarah O’Grady


Les références

For many years, the strongest contentious trusts and probate team in Wales. The team have the depth and range of experience to take on complex or modest litigation for institutions and private individuals.’

‘They know the law and how to make it work to achieve the best possible result for the client.’

They are very proactive, confident in their advice and very quick to respond. Their approach to disputes is commercial, sensible and realistic.’

Principaux clients

Stephen and Gwen Hughes


Mr and Mrs G


Genealogist acting as administrator


Trustees of Will Trust


Principaux dossiers


  • Acting for the defendants in a claim remitted to the High Court from the Court of Appeal to consider the issues of detriment and remedy in the context of proprietary estoppel. The claim related to farmland and promises made by the deceased to his son that he would inherit that land.
  • Represented a Genealogist acting as administrator in relation to court proceedings issued by an unrelated person in a claim brought against the estate. The claimant alleged that he owned a beneficial interest in six estate properties.
  • Acting for Mr and Mrs G on a last-minute instruction in relation to repossession proceedings of their family home by a mortgagee. The matter was complicated by the fact that the home is in the legal name of Mr G’s business partner who had recently passed away.

Berry Smith

Praised for its 'thorough and empathetic' service and ability to explain 'the legal options available in a way that a lay person can easily understand', Berry Smith is a popular choice, both directly from clients and in a referral capacity, across a wide range of matters, including on complex cross-border issues. Simon Care, who co-heads the team alongside Iwan Doull, displays 'incisive decision making' and is particularly skilled at handling complex probate disputes involving property law issues. 'Outstanding' associate Emma Jayne Scullion  is the day-to-day contact on many of the matters and is appreciated for her 'cost-effective and high-quality advice', including on Inheritance Act matters, and for beneficiaries seeking to challenge testamentary capacity.

Responsables de la pratique:

Iwan Doull; Simon Care


Autres avocats clés:

Emma Jayne Scullion


Les références

The practice provides detailed, expertly informed, written analysis of the issues involved and the legal options available in a way that a lay person can easily understand.’

They can deal with even the most complex and high value cases, particularly ones which involve unique issues and challenges. Nothing seems to phase them and they consistently achieve very good results for clients.’

The practice’s uniqueness lies in its prompt initial response to the submission of an issue. The subsequent thorough, empathetic, and reassuring way it proceeds to establish and present the facts regarding the issue in question are indicative of the nature of its relationship with clients.’

Principaux clients

Tenovus Cancer Care


Principaux dossiers


  • Successfully defended a claim in which claimants attempted to re-open a High Court claim originally brought against the executors to an estate 17 years ago.
  • Successfully resisted a claim brought against an Executrix from her siblings and numerous other relatives, which challenged the validity of her mother’s will on the grounds of lack of testamentary capacity.
  • Acting for a client in an an ongoing claim seeking to challenge the validity of his Grandmother’s will on grounds of incapacity and undue influence, and have the Estate devolved in accordance with an earlier Will from 2009.

Geldards LLP

The 'bright and capable' team at Geldards LLP continues to thrive in the market, generating work from the firm's broader private client team and its market-leading charities group, as well as standalone instructions from individuals, whether in their capacity as executors, beneficiaries and claimants not named in the will (for example in Inheritance Act claims). Team head Laura Alliss is 'a pragmatic, realistic, tough but sensible lawyer', who has been pivotal to the firm's success in the area, including on often very challenging cases involving promissory estoppel.

Responsables de la pratique:

Laura Alliss


Autres avocats clés:

Ella Harmer; Chloe Pridmore


Les références

‘It is a bright and capable team.’

Laura Alliss is a pragmatic, realistic, tough but sensible lawyer.’

Principaux clients

Tenovus Cancer Care


Wales Air Ambulance


Heart Research UK


Leicester County Council


Principaux dossiers


  • Represented three charities who were the residuary beneficiaries of the deceased’s estate.
  • Representing the executors of a £6m estate which is the subject of an intimated promissory estoppel claim brought by a named executor.
  • Representing one of three children of a deceased who is presently facing an intimated claim against the validity of the will.

Howells Solicitors

The 'responsive and knowledgeable' team at Howells Solicitors provides 'exceptional advice' to clients across a broad swathe of contentious work, ranging from Inheritance Act disputes and claims relating to the validity of wills, through to cases relating to the construction of wills and trust deeds. The 'exceptionally approachable' Laith Khatib  is 'superb with clients and realistic in litigation', in part due to his overarching private client expertise which includes both contentious and non-contentious prowess. 'Very approachable and sensitive' solicitor advocate John Davies  is also a key member of the team running his own caseload, as well as assisting Khatib on the more complex resource intensive matters.

Responsables de la pratique:

Laith Khatib; John Davies


Les références

The responsive and knowledgeable team provides exceptional advice.’

Laith Khatib is experienced, knowledgeable, personable and reasonable.’

‘Laith Khatib – doyen of contentious probate solicitors in Cardiff – exceptionally approachable, superb with clients and realistic in litigation. He gets great results.’

Principaux dossiers


JCP Solicitors

Now with a three-strong team at various levels of seniority - following the return of one of the practitioners from maternity leave and the retention of a trainee - JCP Solicitors is well-placed to provide a 'cost-effective and knowledgeable' service to individuals across a broad spectrum of matters, ranging from highly complex proprietary estoppel cases, through to issues involving disputes between PRs. Team head Richard Howells is one of the best-known contentious probate practitioners in the market, particularly as it pertains to high-value disputes in the agricultural sector, where he regularly receives instructions from NFU members. Rachel Morris  excels in handling cohabiting disputes, while recently qualified trainee Tomas Davies  is already building up a considerable case load of Inheritance Act disputes, as well as providing help to Howells on some of the larger matters.

Responsables de la pratique:

Richard Howells


Autres avocats clés:

Rachel Morris; Tomas Davies


Les références

They provide a cost-effective and knowledgeable service.’

Principaux clients

NFU and its members in South and Mid Wales


Principaux dossiers


Red Kite Law LLP

With broad geographical coverage throughout South Wales, including in Swansea and Cardiff, Red Kite Law LLP has strong connections with local private individuals, businesses and professional referrers, ensuring that it receives a significant volume and range of contentious trusts and probate work. Key to the firm's success in the area is the expert guidance and knowledge of 'calm and sensible litigator' Alexia Thomas, who is noted for her 'no-nonsense' and 'highly empathetic approach', which is highly appealing in often very stressful circumstances, including where vulnerable clients are involved. In addition, Thomas excels in handling cases where there are broader business or partnership law issues involved in a probate dispute, an area where she is effectively able to leverage her broader commercial litigation smarts.

Responsables de la pratique:

Alexia Thomas


Autres avocats clés:

Andrew Kelly; Alice Powell; Joshua Jones


Les références

‘I have full confidence in the team’s knowledge, understanding and experience with regards to contentious probate matters.’

The team deals with a heavy workload of good quality trusts and probate work with a well deserved reputation in the field.’

Alexia Thomas understands the emotions around this subject and works with empathy always keeping us up to date and ensuring that we do not feel on her own in what has been one of the most stressful situations of my family’s life.’

Principaux dossiers


  • Acted for a client in relation to a claim for financial provision from her late mother’s estate.
  • Acted for a client in relation to a Part 8 claim for rectification of her late husband’s will and a claim for financial provision from her late husband’s estate.
  • Acted for a client in relation to a breach of trust claim involving an application to the High Court for an account of the trustee’s dealings with the trust and the income generated over a ten-year period and an application to remove the trustee on the basis that he had acted in breach of his fiduciary duties.

Gomer Williams & Co

Gomer Williams & Co's Clare Tregoning provides 'very efficient advice' to defendants and claimants on contentious probate work as part of her wide ranging commercial litigation expertise. Key areas of strength include work for beneficiaries challenging the validity of a will on the grounds of a lack of testamentary capacity, as well as work for executors

Responsables de la pratique:

Clare Tregoning


Les références

The team is a pleasure to work with and very efficient.’

‘Clare Tregoning’s instructions to counsel are always well-prepared and comprehensive.’

Principaux dossiers


  • Representing an executor throughout a Part 8 Claim issued by his brother and beneficiary of their late father’s Estate under the Administration Act 1925.
  • Representing a residuary beneficiary in relation to the Executrix’s failure to administer the deceased’s estate in accordance with her duties under the Administration Act 1925.
  • Representing eight beneficiaries in relation to two claims relating to the deceased’s will on the grounds of lack of capacity, lack of knowledge and approval and undue influence by the deceased’s partner. In addition, the second claim is made against the will draftsman in professional negligence for failing to properly assess the deceased’s capacity at the time of the will.