Property & Chancery
Graham is experienced in the following areas of Property and Chancery law:
- Drafting complex Wills and Codicils containing various forms of trust, dealing with business, agricultural or literary assets, providing for disabled or vulnerable beneficiaries and first or second families.
- Challenges to the validity of Wills from want of due execution, lack of testamentary capacity (including historical incapacity), undue influence or want of knowledge and approval.
- Advising on challenges to mutual Wills, ademption, abatement, lapse, forfeiture or other failures of gifts and intestacy.
- Applications for construction/rectification of Wills in the Probate Registry or Chancery Division.
- Drafting caveats, citations, warnings, appearances, subpoenas for the production of testamentary documents or applications for the examination of persons with knowledge of testamentary documents and summonses for directions.
- Applications to prove copy Wills/Codicils and holograph Wills, the passing over or removal of PRs, revocation of grants, administration actions and actions for an account or losses arising from devastavit.
- Actions against PRs due to the incorrect appropriation/distribution of estates, tracing beneficiaries and orders as to distribution or incurring litigation costs to protect PRs.
- Advising on gifts made donatio mortis causa.
- Applications to vary estates in cases of minor beneficiaries.
- Applications against trustees for disclosure of trust documents to beneficiaries and the provision of trust accounts and trust documents to beneficiaries.
- Advising on the validity or constitution of trusts, sham and applications to set aside.
- Applications for orders to protect trustees on incurring litigation costs or protect trustees on distribution.
- Actions to account for trust property, tracing of assets, self-dealing and equitable assignment.
- Actions against trustees following breaches of trust, breaches of the statutory duty of supervision following delegation or losses arising from trustee investment.
- Applications for the removal of incapacitated/unfit/bankrupt trustees.
- Acting for claimant spouses, cohabitants, dependents and adult children as well as defendant PRs and defendant beneficiaries.
- Applications for an extension of time to submit claims and for interim orders.
- Applications for orders giving effect to compromise agreements to obtain favourable tax treatment.
- Applications for orders against the recipient of monies gifted during the lifetime of the deceased under the anti-avoidance provisions in I(PFD)A 1975.
- Advising on lifetime planning in anticipation of post-death claims by adult children or former spouses.
Trusts of Land
- Claims concerning joint owners or sole owners to establish beneficial interests under constructive trusts or resulting trusts.
- Claims for equitable accounting as to expenditure and profits or for equitable exoneration.
- Actions founded in proprietary estoppel.