Justine McCool
Justine is a Partner and is Head of the Litigation Dept, and Head of Contentious Trusts and Estates team. Justine read History at Cambridge
See below for Frequently Asked Questions
Our Trust and Estate Disputes Department consists of experienced Litigation and Private Client lawyers who bring together a wide range of skills and experience to achieve practical solutions in the best interests of our clients.
The department takes a cost-effective and pragmatic approach whilst providing expert advice on a wide range of Contentious Probate and Court of Protection matters. We act for executors, beneficiaries, trustees, and administrators in bringing and defending claims.
Even if a Will has been made you may still be eligible to make a claim on the Estate if you feel you have not been given a reasonable financial provision, under the terms of the Inheritance Act 1975.
Understandably this can be a fraught area where emotions run high, however our sensitive and understanding team has achieved success for many claimants over the last 45 years.
In some cases Wills can be challenged in the courts on the basis of their validity. For example did the Testator (the person making the Will) sign it and have it witnessed by two independent witnesses. In other cases claims may be bought if it is thought the testator did not have sufficient mental capability, or if they did not know and approve of the contents of the Will.
This is another sensitive area where the robust but thoughtful approach of the specialist Mercers team pays dividends.
A Trust Dispute is any dispute relating to the administration of a trust, whether it is a dispute over the terms of the trust, a dispute between beneficiaries or problems with trustees.
Beneficiaries and trustees each have rights and in certain circumstances can bring claims. In all situations it is vital to obtain the right advice from Mercers accomplished Trusts and Estates team.
Though normally straightforward disputes can arise within the administration of a dead person’s estate. These can be between executors and beneficiaries, amongst the beneficiaries or even amongst the executors.
These disputes cause delay and distress while significant costs can be incurred, therefore seeking the best advice from our Trusts and Estates team is vital in order to resolve the dispute as quickly and as cost effectively as possible.
Disputes sometimes happen relating to an LPA. These normally occur when there’s a disagreement over whether the donor had the mental capacity to complete the LPA, or when there is a disagreement about the way an attorney is dealing with the Estate.
Our experienced team advises people on both sides of these disputes. Sometimes we are needed to represent client in the Court of Protection but in many cases we can solve the issues through mediation.
Justine is a Partner and is Head of the Litigation Dept, and Head of Contentious Trusts and Estates team. Justine read History at Cambridge
Peter is a Private Client Partner and Managing Partner, and part of the Contentious Trusts and Estates team. He read Geography at Cambridge.
Megan is a Solicitor, specialising in both Residential Property and Litigation. Megan read Law at University and went on to attain a Masters in Legal Practice.
Laura is currently a Paralegal in the Litigation and Contentious Probate Department.
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