Blog
The future of will disputes part 1: Challenging validity based on undue influence
Cally Brosnan
Cally Brosnan is an Associate in the dispute resolution team, specialising in wills, trusts and inheritance disputes.
Cally acts for both Claimants and Defendants on a variety of matters including will challenges, succession disputes, trust and estate administration disputes, and claims brought against estates pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, where reasonable financial provision has not been made for the claimant under the terms of the deceased’s will (or on intestacy).
Cally has also acted in a number of complex property trust disputes where a dispute has arisen as to the legal and/or beneficial ownership of the land and has experience of Court of Protection disputes relating to the appointment or conduct of attorneys and deputies.
Cally prides herself on her ability to deal with disputes pragmatically and with the interests of her clients at the forefront of her mind.
Cally qualified in March 2022 and joined Kingsley Napley in November 2022.
Prior to specialising, Cally trained in commercial dispute resolution, property litigation and non-contentious private client. Cally is able to draw on this experience when identifying her clients’ needs.
Areas of expertise
- Trust and Estate Disputes
- Court of Protection Disputes
- Professional negligence
- Disputes regarding beneficial ownership of land
- Commercial and Contract Disputes
Recent work
- Assisted in the successful resolution of a long-standing estate administration dispute on behalf of a charity beneficiary, securing settlement at mediation including recovery of 100% of the client’s legal costs. The claim was against the executors of the estate as a result of their breaches of fiduciary duty and breach of trust.
- Acted for a client in relation to a challenge to the validity of a codicil (which reduced the client’s legacy) on the basis that the deceased lacked capacity at the time that the codicil was made.
- Assisted on a domicile dispute acting for the wife of the deceased in defending a claim brought by her stepson who contested the deceased’s domicile at the time of his death, and asserted forced heirship rights.
- Acted for one of the three children of a deceased in a trust and estate dispute involving a family business wherein the director trustee has caused significant losses to the value of the company. Advised in relation to a proposed application to remove the two trustees of the settlements, following various breaches of fiduciary duties. Issues also arose as to self-dealing and conflicts of interest.
- Acted for the daughter of the deceased in relation to a proposed will challenge on the basis of lack of knowledge and approval.
- Acted for the daughter and residuary beneficiary of a multi-million-pound estate, defending an Inheritance Act claim brought by the deceased’s second wife, in circumstances where the deceased had entered into a pre-nuptial agreement intended to protect his estate against any such claim.
- Assisted in a property trust dispute acting for the Claimant where we successfully obtained a declaration in our client’s favour as to 100% beneficial ownership of a disputed property, securing costs on the indemnity basis.
- Acted for the son and daughter of the deceased, defending an Inheritance Act claim and proprietary estoppel claim brought by the deceased’s cohabiting partner.
- Acted for the daughter of the deceased who died intestate. Under the rules of intestacy, the client was a 50% beneficiary of her father’s estate. Assisted the client in bringing a claim for an account and the removal of the personal representative of the estate, in circumstances where the personal representative failed to disclose adequate information regarding the financial position of the estate.
in the press
- Death, Divorce and Dementia: risks of post-death litigation, IFA Magazine, March 2023
MEMBERSHIPS
- Member of ConTrA (association for contentious trust associates)
What clients and directories have said
Cally Brosnan is quite newly qualified but is extremely bright and has a great manner with clients."
The Legal 500, 2024