Overview

Our team of specialist solicitors has experience in dealing with statutory will applications, disputed deputyship and attorney applications and challenges to the actions of property and financial affairs deputies and attorneys.

Our Court of Protection disputes expertise

Our legal team has the expertise needed to handle a Court of Protection related dispute. We regularly provide advice and support on the following:

  • disputed statutory will applications;
  • disputed deputyship and attorney applications; and
  • challenging the actions of a property and affairs deputy or attorney.


Sadly, it is all too common that a person in a position of trust may sometimes abuse that position for their own financial gain.

This is particularly common where a vulnerable person is involved. If you have concerns that someone you care about may be being taken advantage of by a deputy or attorney you need a team of solicitors who have expertise in this area and who can act fast. Get in touch to see how our experts can help you.

Key contact

Roman is a partner and head of the contested wills, trusts and estates team. He advises across the whole spectrum of private client litigation, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.Roman is responsible for formulating and implementing the department’s business strategy and day-to-day operations, in line with the firm’s overall strategy, alongside running a core caseload of complex, high value and cross-border will, trust and estate disputes.

View team
Statutory Wills
 
For Individuals | Private Wealth | Court of Protection Statutory Wills

A statutory will is a will made on behalf of a person who lacks the mental capacity to make a will themselves, upon application to the Court of Protection.

The guidance is set out in the Mental Capacity Act 2005 and any statutory will must be made in the person’s best interests. The Court of Protection will therefore want to ensure that, in making an application for a statutory will, the following has been considered:

the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by them when they had capacity);
the beliefs and values that would be likely to influence their decision if they had capacity; and the other factors that they would be likely to consider if they were able to do so.

If you are likely to be affected by a statutory will application then you are entitled to respond and have your say. We are able to advise you whether you wish to prepare a statutory will on someone’s behalf, want to dispute a statutory will application or need to defend a challenge to a statutory will.

Disputed deputyship and attorney applications
 
For individuals | Private Wealth | Court of Protection Disputed Deputyships

Court of Protection Disputed Deputyships

A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves.

An attorney is a person who has been chosen by a donor (the person making the appointment) to deal with the donor’s affairs should they lose mental capacity. An attorney was previously appointed under an Enduring Power of Attorney. Since 1 October 2007, a person can appoint an attorney under a Lasting Power of Attorney.

Both a deputy and an attorney can be appointed to help a person who lacks capacity with the following:

  • property and affairs
  • welfare.

For whatever reason, sometimes there are doubts over whether the person proposed to act as a deputy or attorney is fit to do so.

Our team is experienced in dealing with disputes which may arise over the appointment of a deputy or attorney. Whether you are the proposed deputy or attorney facing a challenge or you have concerns about the person who is intending to become, or is already, a deputy or attorney our team of expert solicitors are on hand to offer you the legal advice and guidance you need.

For Individuals | Private Wealth | Court of Protection Statutory Wills

A statutory will is a will made on behalf of a person who lacks the mental capacity to make a will themselves, upon application to the Court of Protection.

The guidance is set out in the Mental Capacity Act 2005 and any statutory will must be made in the person’s best interests. The Court of Protection will therefore want to ensure that, in making an application for a statutory will, the following has been considered:

the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by them when they had capacity);
the beliefs and values that would be likely to influence their decision if they had capacity; and the other factors that they would be likely to consider if they were able to do so.

If you are likely to be affected by a statutory will application then you are entitled to respond and have your say. We are able to advise you whether you wish to prepare a statutory will on someone’s behalf, want to dispute a statutory will application or need to defend a challenge to a statutory will.

For individuals | Private Wealth | Court of Protection Disputed Deputyships

Court of Protection Disputed Deputyships

A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves.

An attorney is a person who has been chosen by a donor (the person making the appointment) to deal with the donor’s affairs should they lose mental capacity. An attorney was previously appointed under an Enduring Power of Attorney. Since 1 October 2007, a person can appoint an attorney under a Lasting Power of Attorney.

Both a deputy and an attorney can be appointed to help a person who lacks capacity with the following:

  • property and affairs
  • welfare.

For whatever reason, sometimes there are doubts over whether the person proposed to act as a deputy or attorney is fit to do so.

Our team is experienced in dealing with disputes which may arise over the appointment of a deputy or attorney. Whether you are the proposed deputy or attorney facing a challenge or you have concerns about the person who is intending to become, or is already, a deputy or attorney our team of expert solicitors are on hand to offer you the legal advice and guidance you need.

Quotes

Roman Kubiak heads the firm's contested wills, trusts and estates department, advising individuals, banks and trust companies. "He is very knowledgeable and dynamic, he has bags of energy and enthusiasm," says an interviewee. One lawyer says he is "very knowledgeable, refreshing to deal with, and very client-focused".

Chambers and Partners UK

Quotes

The ‘very commercial and hardworking’ Roman Kubiak … has a strong reputation for cross-jurisdictional trust and estates disputes, where ‘he is more than a match for leading lawyers in London-based firms’.

The Legal 500

Business news, knowledge and insight