Trusts, Wills, Probate and the Administration of Estates
Nicole's practice is concentrated on private client litigation rather than non-contentious advisory work. She has broad experience in:
- contentious probate.
- the administration of trusts and estates.
- removal or replacement of trustees, executors or administrators.
- the construction and rectification of wills and trust deeds.
- claims under the Inheritance (Provisions for Family and Dependants) Act 1975.
- trust litigation generally, including constructive and resulting trusts and tracing claims.
- lifetime gifts and assignments.
- breach of trust, remedies, and section 61 of the Trustee Act 1925.
Nicole advises and represents both trustees and beneficiaries with regard to breach of trust claims and accounting for trust property. She advises on and litigates Court of Protection matters including statutory wills, receiverships, deputyships and Enduring and Lasting Powers of Attorney. She appeared in Re Cameron (ademption; enduring powers of attorney) and acted for the successful applicant in Re J, concerning the validity of enduring powers of attorney creating successive attorneyships.
A significant minority of Nicole’s practice involves representing trustees or beneficiaries in mediation or other alternative dispute resolution. She has recently been involved in settling two multi-million pound claims under the Inheritance (Provision for Family and Dependants) Act 1975 acting in one for executors and in the other for minor child claimants.
Nicole has recently appeared in both Lloyds Bank v Markandan & Uddin and AIB v Redler, which dealt with issues of breach of trust, account, remedies for breach of trust, defences under section 61 of the Trustee Act 1925 and contributory negligence and causation in the trust context.