Matthew Withers

Probate & Trusts

Matthew’s extensive property, trusts and chancery experience mean that he is often instructed in matters which involve Probate – whether for estates, beneficiaries or executors seeking to realise complex property matters or seeking to challenge wills or provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, as well as those who find themselves embroiled in a property matter in which a relevant party has died without leaving clarity about contested matters. He is regularly instructed to advise, both in conference and in writing, draft proceedings and applications and appear at mediations, hearings and trials in both the county and High court.

Selected Cases

• Successfully appeared at trial for a beneficiary and executors in defeating a claim for reasonable financial provision pursuant to the 1975 Act by an adult child, which also raised issues as to capacity of the deceased when making the will and allegations of misapprehension of funds during the deceased’s life which fundamentally altered the value of the estate;

• Advising on and drafting an application for directions from the High Court pursuant to CPR 64 where executors could not resolve how or if property should be sold;

• Advising 8 of 9 beneficiaries about actions they could and should take where the remaining beneficiary sought to obstruct and abusively prevent sale of a property;

• Drafting proceedings and advising an estate whereby allegations of fraud and financial impropriety by relatives was discovered following death.