Oliver’s wills and trusts practice spans all contentious and non-contentious matters. He advises upon and acts, both as advocate and mediator, in disputes involving the validity of wills, claims under Inheritance (Provision for Family and Dependants) Act 1975, the removal of executors, construction of wills and trust documents, and for rectification of wills and trust documents. His expertise includes:
Administration of Estates
Oliver regularly advises in respect of the correct administration of estates in both contentious and non-contentious forums, including as to construction of wills and trust documents. He appeared successfully on behalf of the claimant in the first claim to consider the effect of s. 67 Adoption and Children Act 2002 and the construction of a will. He is particularly experienced in advising and appearing in claims involving the removal of executors and personal representatives.
Disputed Wills
Oliver has experience in claims for rectification of wills, mutual wills, and invalidity claims based on testamentary capacity, lack of knowledge and approval, and undue influence.
Recent cases include:
- Successful contesting a will based on lack of testamentary capacity.
- Opposing a claim for rectification out of itme.
Inheritance Act Claims
Oliver has a substantial 1975 Act practice, acting for claimant and defendant beneficiaries, and executors. As well as advising and appearing at mediation, he appears a preliminary issue hearings and trial throughout the UK.
Recent cases include:
- A claim involving assets in England and Turkey.
- Successfully obtaining permission out of time for an adult child.
- Ames v Jones, an adult child claim involving s. 9 and lifestyle choice issues.
Proprietary Estoppel
Oliver is regularly instructed in proprietary estoppel claims, which often overlap with his other contentious probate work. He has successfully appeared at trial to obtain a beneficial interest in a family home, and has been involved in a long running estoppel dispute involving an estate in Somerset.
Trusts
Oliver advises on and acts in all matters involving trusts.
Recent cases include:
- Successfully obtaining an order for rectification of two lifetime trusts.
- Advising on trustees’ powers, and on the operation of an Employee Benefit Trust.
Mediation
Oliver acts as an advocate at mediation and as a mediator in all wills and trusts disputes.
