I specialise in disputes that arise when a person dies. I deal with a wide range of cases and each one is different to the next – just as no two people are the same, neither are any two estates!
I represent people seeking to challenge the validity of wills on grounds of undue influence, lack of testamentary capacity or issues with formalities, and have experience in defending such claims too. I have also worked on bringing and defending claims under the Inheritance (Provision for Family and Dependants) Act 1975 when someone’s unhappy with the inheritance that they’ve received under a will or the intestacy rules.
Acting as an Executor, or waiting for your inheritance to arrive, can be a very stressful time. I have experience of dealing with disputes around the administration of estates, including allegations of financial misconduct, delays in administering the estate, and the removal of Executors and appointment of a suitable alternative.
I’m also interested in representing people who want to challenge Court of Protection applications for Deputyship or decisions made under a Lasting Power of Attorney. Having a relative or friend who has lost mental capacity can be an emotional and scary time, and I understand how emotive such applications can be.
What inspired you to get into law?
I read Politics at university but soon discovered that it was arguing that I enjoyed most. I combined this love of debate with a desire to help people who find themselves in upsetting situations.
What is the most rewarding aspect of your role?
For me, it is seeing a matter from beginning to end and seeing happy faces at the conclusion of the case. Friends and relatives experience a multitude of emotions when someone passes away. Resolving claims in whatever way is a great relief for all involved and allows everybody to move on with their lives.
What do you like about working at Irwin Mitchell?
The quality of work that comes into Irwin Mitchell is fantastic. I have been lucky enough to work on some complex, high-value cases, some of which have been litigated and some which have settled outside of court.
We have such a wide variety of cases that, as a junior solicitor, I have assisted on far more than “bread and butter” contentious probate work - truly, no two days are the same.
What do you do away from the office?
I have a young family so spend my weekends playing trains and cleaning up spaghetti. Outside the office, I enjoy days at Headingley cricket ground watching Yorkshire and England and I try to watch the Formula 1 when I can. I also enjoy road trips around Europe with my family.
"Richard Smaller is an impressive associate whose determination and diligence help to secure excellent results for his clients." - Legal 500, 2021