Norman Lamb

trusts

• Constructive trusts, resulting trusts and estoppel.
• Claims to compel trustees to transfer property to beneficiaries.
• Cases arising from breach of trust or fiduciary duty.
• Applications to remove trustees or to compel to act.
• Injunctive relief.

WILLS, PROBATE AND ESTATES

• Claims for and against personal representatives and beneficiaries.
• Applications to administer and distribute estates.
• Drafting and attending s.50 Administration of Justice Act applications to remove or replace executors of an estate.
• Drafting and attending s.116 Senior Courts Act applications to ‘pass over’ those ordinarily entitled to a grant of representation for an estate.
• Dealing with rights relating to the deceased post-death, burial and funeral arrangements, exhumations.
• Testamentary challenges – Lack of capacity, undue influence, want of knowledge and approval, fraudulent calumny, donatio mortis causa/deathbed gifts.
• Validity of wills.
• Matters involving double portions and advancement.
• Inheritance (Provision for Family & Dependents) Act 1975 claims.
• Providing legal opinions regarding settlement for protected parties.

NOTABLE CASES

• Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam) (Principal Registry, London) – Successfully acted in an unusual s.122 Senior Courts Act application before the Chief Chancery Master in the High Court. The wider probate claim concerned the testator’s capacity. The client’s standalone application compelled the draftsperson of the deceased’s will to attend the High Court under a penal notice for cross-examination in relation to a Larke v Nugus Costs were successfully obtained against the draftsperson.
• F -v- A (High Court, Manchester, ChD) – Successful in a sombre and emotional matter concerning an urgent without notice interim injunction, s.116 Senior Courts Act 1981 and the Non-Contentious Probate Rules 1987. Norman secured an urgent injunction, on both prohibitory and mandatory grounds, to immediately halt the imminent cremation of a client’s father, scheduled at an undisclosed time and location. Before an expeditated trial, two weeks thereafter, Norman secured a s.116 Order to ‘pass over’ the presumed administrator to appoint his client with entitlement to the body and funeral arrangements.