Wills, Probate & Trusts

CohenCramer have won substantial and complex Chancery cases involving disputed Wills and estates, acting for Claimants and Defendants alike, including beneficiaries, executors, personal representatives and bereaved infants.

Some cases in which we have been involved recently include:

Acting for a bereaved infant in obtaining Order that numerous properties vested in the infant’s deceased father’s estate, restoring substantial amounts of cash stolen from the estate and recovering additional sums due; freezing and other type of injunction obtained against members of family who had misappropriated the deceased’s assets.

Obtaining settlement of substantial share of the estate to client previously given token sum, having presented argument that the professionally-drawn Will was made under undue influence and/or when the testator lacked capacity.

Acting for beneficiaries in uncovering fraud against the estates carried out by other family members.

Interviewing witness to a purported Will and extracting admission that the document was a forgery made after the death of the deceased thereby creating an intestacy under which the estate passed to child of deceased excluded by the forged Will.

Recovering substantial sum under the Inheritance (Provision for Family and Dependants) Act 1975 for our client, the co-habitee of the deceased with whom our client had lived for just over two years

Obtaining settlement for infant against late father’s estate under the Inheritance Act where funds falling outside the estate and seemingly unavailable were brought back in solely for the purposes of the claim. 

Acting for adult child in a breach of Trust claim against former guardians who had misappropriated maintenance funds provided by Will of client’s mother who had died during client’s infancy.

Acted for excluded adult child of deceased in estate worth in excess of £1M and involving liquidated off-shore company, UK property held in trust and assets overseas.

Defended publicly-funded Inheritance Act claim brought by first wife of deceased resident overseas against UK property held by the estate.

Won case in Court of Appeal where we acted for Claimant in probate claim and in which summary judgment was obtained in our client’s favour, revoking grant to other family members made in an intestacy and proving Will.

Our team has experience of handling probate sensitively and compassionately, and will guide you through the legal issues that require attention.

We pride ourselves on building strong, personal relationships with our clients, yet maintaining an efficient, professional approach. Every case is treated individually and we handle matters with the utmost sensitivity during what are often stressful and upsetting times.

Our aim is to minimise stress and maximise communication. We know that our calm, jargon-free advice, given at the right time can make a real, practical difference.

Some of the matters about which we provide impartial, professional legal advice include:

Cohen Cramer act for executors, administrators, personal representatives, beneficiaries and anyone interested in an estate.

We have a reputation for dealing promptly with clients' requirements and getting the job done while providing value for money.

A Trust is formed when one person – the "donor" - gives property, cash or other assets to a second person – the "trustee" – exclusively for the benefit of a third person – the "beneficiary".

Reasons for this can include the wish to minimise potential tax liabilities upon the asset in question or to protect that asset on behalf of an infant beneficiary. The Trustee must hold and manage the asset strictly in accordance with the terms of the Trust and/or the relevant law.

Cohen Cramer can advise you upon the relevant type of Trust and whether there are practical benefits to you and/or the interested parties. We can advise you whether a Trust should be established in your lifetime or by way of your Will.

We can help in urgent cases where a Trust is required to be prepared and put into operation for child beneficiaries.

Under the Mental Capacity Act 2005 (which came into force in 2007) you now have the right to make what is called a Lasting Power of Attorney under which you can appoint one or more people to act as your attorney to make decisions on your behalf should you ever in the future lose the ability to do so yourself.

There are two forms of attorney. The first and more common is the "property and affairs" Lasting Power of Attorney which as its title suggests allows your attorney to make decisions on your behalf about matters such as paying your bills, collecting your income and benefits or selling your house. The power can be subject to restrictions or conditions.

The other form is a "personal welfare" Lasting Power of Attorney. This allows your attorney to make decisions on your behalf about your personal welfare including whether to give or refuse consent to medical treatment and about where you should live.

You may make both a Property and Affairs Lasting Power of Attorney and a Personal Welfare Lasting Power of Attorney or just one of them.

The Wills, Probate and Trusts team have the necessary experience of dealing with Lasting Powers of Attorney, can properly advise you about these important documents and will deal with your instructions without delay.