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I specialise in disputes about trusts and wills, and also court of protection work, where there is a dispute involving a potentially vulnerable or elderly person who may lack capacity to make financial or health care decisions for themselves. My clients include trustees, charities, professional bodies and individuals.
I can help people bringing or defending claims about the validity of wills, act in disputes between executors and beneficiaries or claims against the estate, for example under the Inheritance (Provision for Family and Dependents) Act 1975.
I advise and act for trustees and beneficiaries in disputes relating to trusts; I also act in claims of professional negligence in relation to wills, estates & trusts. Another area I specialise in is disputes relating to Deprivation of Liberty (DOLs) applications.
Wherever possible I seek to resolve matters by negotiation or mediation but if necessary take Court action to sort out the problem for my client.
I am a member of the Association of Contentious Trust and Probate Specialists (ACTAPs), having successfully completed the ACTAPS Diploma Course; I am therefore a registered Contentious Trust and Probate Specialist.
Margaret "is a very calm litigator" - Legal 500 2016
I am regularly published in the Solicitors Journal and the ACTAPS newsletter.
I was inspired to work as a solicitor by the aim to help people with problems and to achieve a just result for them.
The most rewarding aspect of my role is achieving a successful outcome for my clients.
I enjoy spending time with my family. My young children keep me busy with many activities including walking, cycling and swimming. In any quiet moments I enjoy investigating our family history.
“Denzil Lush is a well-respected, recently retired Senior Judge in the Court of Protection who adjudicated on 6,000 power of attorney cases, and who should be listened to for his experience and common sense.
“He focuses on the Power of Attorneys – EPAs and LPAs – that go wrong and where such powers are abused. However, there are many positives to these arrangements. LPAs allow people to choose who will have power over their affairs, which in many cases give reassurance and confidence in case the need for help arises. There are two forms of LPAs and different options in each document that tailor the experience for those applying, such as including options to have two or more attorneys and whether they can act alone or must act together. There are special situations to consider if there is a jointly owned property or there are investments managed (or which might need to be looked after) by a discretionary fund manager.
“LPAs should not be taken lightly as they delegate major powers and can be misused. Be careful about doing LPAs online, without advice, where there is much greater risk and potential for abuse. A solicitor can help both to ensure that the person does have the necessary capacity to make an LPA and may be able to detect any undue influence.
“Deputyships are part of a valuable and necessary system, particularly to support survivors of serious personal injuries, but may not be required with a carefully considered LPA in place. Whichever choice is made, it’s crucial to have good legal advice on what powers the person in question would be giving away, so that they are fully understood, and who they are giving them to.”
We believe that we can use our legal expertise to ‘give something back’ to our local communities and Irwin Mitchell is determined to ensure that access to legal advice is truly available to all.
Sadly like many organisations SLS is facing closure due to cuts which means some of the people who need free legal advice the most, will lose access to it. It is crucial the Chichester and Sussex communities rally together to save the service.
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