Justine McCool

Litigation

[email protected]

Justine is an experienced member of the Litigation & Dispute Resolution Team and also heads the Contentious Probate and Trusts department. She has a depth of knowledge about ways of resolving disputes without the need for court proceedings.   And when court proceedings would achieve the best outcome for you,  she will represent you through the procedure to trial. Her particular specialisms are:

Contentious Probate and Trusts, including

Any challenge to the validity of a Will for reasons of lack of testamentary capacity, the testator was unaware of the terms of the will or was unduly  influenced, or a failure to follow the legal requirements.

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Claims against Executors or Trustees for breach of duty.
  • Resolving disputes between Executors or Trustees
Disputes between co-owners of property.

 These disputes are usually about whether and when a property should be sold and how the owners of the property should split the proceeds of sale.  The governing law is contained in the Trusts of Land and Appointment of Trustees Act 1996.

 Commercial and Residential Property disputes, including:
  • Business lease renewals
  • Breach of lease disputes, including rent arrears
  • Forfeiture
  • Residential repossession claims
  • Dilapidation claims
  • Rights of way and easements
  • Residential lease renewals