Gavin McLeod
Call: 2010
" " By

Wills, Trusts & Probate Profile

Gavin has a specialist contentious probate practice. He advises, pleads and appears on all manner of cases in this area, from Inheritance Act proceedings to those concerning breaches of fiduciary duty by executors and trustees, constructive trust and proprietary estoppel claims, removals and Part 64 directions requests (Re: Beddoe, etc.). Of the last few years his work in this discipline – one which is particular, complex and often arcane – has become a mainstay of his practice. In that respect he has experience of considering more particular questions, such as of title in the deceased’s assets pending letters of administration, the priority for the taking out of such letters/passing-over, intermeddling/executorship de son tort and the IHT implications of various dispositions. He has conducted seminars on a number of these matters. 

Gavin regularly deals with will validity claims and challenges. This has recently involved consideration of outer-lying questions, such as of mutual wills and the developing case law on ‘affective grief’ disorders as a ground for challenging capacity. He often advises on such validity issues. In court, he has recently secured the striking-out and dismissal of proceedings brought against an executor by reference to their legally misconceived grounding – hence showing the practical utility of insight into the legally complex principles alive in this area. He is also regularly instructed at mediation, especially as regards the many Inheritance Act claims he handles.