Andrew Kelly

I now specialise in work involving; disputed wills; estate litigation; trust disputes; and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Where, I often draw upon my experience in property and business disputes.

I’ve dealt with estates that range from those that would be considered relatively modest to those valued in the tens of millions of pounds, and those involving family businesses. I work for both Claimants and Defendants.

I became a Contentious Trust and Probate Specialist (CTAPS) registered with the Association of Contentious Trusts and Probate Specialists (ACTAPS) in June 2012

I have experience in the following types of case.

Will disputes

Validity disputes involving; fraud such as forgery or destruction of a will; invalid execution; the mental capacity of the testator – the person making the will; undue influence exerted on the testator; and the testator lacking knowledge in approval of the will.

Interpretation of ambiguous or badly drafted wills where the court has been asked to rectify or give a ruling on the correct construction/ interpretation of the will.

Estate disputes

Revocation of a grant of probate where a subsequent will has been found or an application for probate was fraudulently made.

Obtaining a court order for an inventory and account.

Removal of executors when the executors are unsuitable or delaying the administration of the estate.

Claims against debtors of the estate.

Claims by the estate to recover unauthorised lifetime transactions from the deceased or those obtained by undue influence including the removal of conflicted executors.

Applications to the court for directions regarding the administration of the estate.

Bringing into account substantial gifts to children of the deceased made after their last will.

Removal of Caveats  to allow a grant of probate to be obtained.

Trust disputes

Mutual wills, where the deceased had entered into a binding agreement as to the disposal of their estate.

Secret trusts that don’t appear on the face of the will.

Constructive and resulting trusts often relating to the extent of shred ownership of estate assets such as land and joint accounts.

Proprietary estoppel

Claims relying on a promise by the deceased which has not been kept by the terms of the deceased’s will or intestacy. Where the promise has been detrimentally relied upon on, and which would be unfair not to be enforced

Inheritance (Provision for Family and Dependants) Act 1975

Dealing with claims by; spouses; former spouses; cohabitees; dependents; and children including adult children, for reasonable financial provision from an estate where the provisions of the will or intestacy fail to make reasonable financial provision in all the circumstances.

I am focused on client needs and I am down to earth and approachable.  Cases that mean the most to me are those where I have been able to make a real difference to a client’s life for example in cases where I have acted for  adult children claimants in Inheritance Act claims I have been able to secure funding to pay off a client’s mortgage on her home which was at risk of being repossessed as she had been forced to retire early due to ill health and in another case I was able to secure funding for postgraduate studies that my client simply would not have been able to afford otherwise.