Amy is a Partner in the Wills, Trust & Probate Disputes Team. Amy specialises solely in this type of work and has over 13 years of experience.
Amy regularly acts for private individuals as well as charities.
Whilst Amy can be robust in her approach, where appropriate, she is also committed to resolving disputes in a sensitive manner, as Amy is mindful that they can be difficult to manage emotionally as well as financially.
Notable work highlights
- Advising a mother in connection with defending a claim under the Inheritance (Provision for Family & Dependants) Act 1975 against her late daughter’s estate by a lodger who claimed to have been in a husband/wife type relationship with the deceased. A confidential settlement was reached at mediation.
- Representing a son in a successful proprietary estoppel claim where the son had worked on his father’s farm for very low wages for much of his adult life in reliance of a promise made to him by his father that the farm would be left to him upon his father’s death. When the father died and his will failed to ensure that the promise was fulfilled, the son was forced to make a proprietary estoppel claim which succeeded in the High Court and was upheld by the Court of Appeal.
- Representing a daughter in connection with a challenge against the validity of her late mother’s will on the grounds of lack of testamentary capacity and lack of knowledge and approval. Compelling evidence was gathered, including expert reports from experts in the field of Old Age Psychiatry which cast significant doubt upon the deceased’s testamentary capacity and led to the party seeking to propound the will conceding (shortly before trial) that the will was indeed invalid.
- Successfully applying for the removal and substitution of executors that were unable to properly administer an estate.
Areas of expertise
- Claims concerning the validity and effect of wills
-
Claims under the Inheritance (Provision for Family & Dependants) Act 1975
-
Disputes involving executors and trustees (including applications for their removal)
-
Disputes between property co-owners, including claims under the Trusts of Land & Appointment of Trustees Act 1996
- Professional negligence claims against professional deputies and attorneys
- Contested Court of Protection applications
- Constructive trust claims
-
Proprietary estoppel claims (particularly in the context of family farms)
Testimonials
What our clients say about Amy
- 1
Trethowans announces Partner level promotions
12 Apr 2024
•2 min read
Charities: legacies and estate administration
27 Feb 2024
•3 min read
Charities Webinar – Legacies, estate administration and charities
22 Sep 2023
•< 1 min read
Ademption and the failing of gifts in Wills
08 Aug 2023
•2 min read
Unconscionable Conduct in private transactions
21 Jul 2023
•3 min read
