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Tara McInnes

Oxford, United Kingdom

3 Testimonials
4 Case studies
0 Articles

Summary

Practice Areas:

  • Disputed Wills
  • Contested Probate
  • Court of Protection
  • Private Client Litigation
The Burnside Partnership
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I specialise in the very niche area of contested wills and estate disputes.  I have practised in this area for twenty years and am currently a partner at a small, boutique firm in Oxfordshire where all we do is private client work.  This enables us to focus on the areas of law we are good at and over the years I have built up considerable specialist knowledge within this field.  Prior to working as a partner for The Burnside Partnership I managed the Southern Disputed Wills and Trusts team at Shoosmiths LLP in Reading.

I am a full member of ACTAPS (the Association of Contentious Trust and Probate Specialists).

I deal with a whole variety of contentious trusts, wills and estate disputes including claims against an estate under the Inheritance Act, disputed wills on various grounds including lack of mental capacity, lack of knowledge and approval and undue influence as well as professional negligence claims against solicitors in drafting wills, rectification claims and disputed court of protection matters.

I have acted in a number of reported cases, the most notable of which are:-

Acting for the trustees in the high-profile case of Brooke v Purton & ORS (2014) EWHC 547 (Ch), which was the first case to be decided since Marley v Rawlings (2013), involving the rectification of wills;

Acting for the claimant in the equally high profile and widely reported case of Elliott –v- Simmonds (2016) EWHC 962 (Ch), which resulted in a change to the decision on costs in passive defence claims.

More recently, I acted for the Claimant in Rochford v Rochford [2021] Lexis Citation 95 involving an adult child claim under the Inheritance Act.  The Claimant was an adult, only child who only received the sum of £25,000 from her late father's estate.  I acted for her and successfully achieved an award of £110,000 plus her legal costs from the defendant on the indemnity basis (higher rate) and interest.

I regularly provide training and seminars/webinars as well as contributions to many magazines including; the Times, The Law Society Gazette, Lexology and The Trusts and Estates Law & Taxation Journal.

I thoroughly enjoy what I do and will fight hard for my clients.  I do not dabble and spend all my time dealing with contentious probate matters, this means that I have built up substantial experience in this area of law as well as a formidable reputation.

Previous Employment

Shoosmiths LLP2017 - 2021

Principal Associate in Disputed Wills and Trusts Team

Gardner Leader LLP2012 - 2017

Various rolls within Contentious Probate Team made partner in 2017

Education

College of Law

College

Testimonials

Inheritance act claim

Inheritance act claim

Inheritance Act claim

Case Studies

Inheritance Act Claim - Minor Child
will dispute
Proprietary estoppel claim
Inheritance Act claim - adult child

Articles

This solicitor hasn't yet added any articles to their profile

Published Cases

Lexis Nexis
Rochford v Rochford [2021] adult child claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of her late father. Her father left the majority of his estate to his elderly sister and left the claimant, our client only £25,000. The Client had significant medical needs and was surviving on an income protection insurance payment. The defendant refused to attend mediation until just before the trial and increased legal costs by insisting on overly detailed disclosure of financial information. The claimant was successful and received £110,000 plus her costs. the judge penalised the defendant for her refusal to mediate and because she did not beat a reasonable offer made by the claimant prior to trial.

View judgment transcript rochford.pdf

Elliott v Simmonds & Anor
We acted on behalf of the claimant in successfully proving the will of her late partner. The deceased's illegitimate daughter raised a will challenge against the estate and lodged a caveat to prevent probate being granted. The executor of the estate issued court proceedings to prove the will and the daughter adopted a passive defence. In other words she did not challenge the will but sat back and waited for the court to prove it. The court did prove the will and was not impressed with the defendant's behaviour. It accordingly made a costs order against her despite the type of claim being subject to a usual 'no costs rule'.

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Achievements

Awards

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Associations & Memberships

Association of Contentious Trust and Probate Specialists (ACTAPS)

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