PANTON ASSOCIATES

Our Practice

Additional Information

Panton Associates Limited are a litigation and dispute resolution legal practice specializing in particular in contentious Will claims, Will disputes, probate claims and trust claims. More information about these types of claim is provided below and elsewhere on this site (in particular under “claim types”).

You can be reassured that the Solicitor handling your case will be a member or associate member of ACTAPS (“Association of Contentious Trust and Probate Specialists”). This means that he or she has completed the ACTAPS diploma or verified that they have considerable experience in this field. For more information please visit www.actaps.com.

In relation to Will claims and Will disputes the grounds for challenging a Will can include a lack of proper formalities (in general that the Will was not signed by the testator in front of two witnesses who also sign in front of each other), lack of testamentary capacity (the most common ground for disputing or challenging a Will), lack of knowledge and approval and undue influence and fraud. Each of these grounds can serve as a foundation to contest a Will or in relation to any Will claim or Will dispute in general where the validity of the Will is in issue. This type of Will dispute or Will claim is most likely to originate before there has been a grant of probate.

These claims can be made before or after there has been a grant of probate (which is the official seal of approval for the validity of a Will after which the estate can be distributed – although as mentioned the legal validity of the Will can still be challenged after the Grant). However the difficulty with raising such a challenge to a Will following the grant of probate must be clear – there is a danger the Will Executors could start to distribute the estate. Once the estate is distributed, it may be difficult to recover any estate assets, even if you prove that the Will under which the estate has been distributed is invalid. It is then recommended that where a Will claim or contested Will claim is proposed, the person bringing the claim and with an interest in the estate of the deceased, considers entering a Caveat to stop the grant of probate. Please note that if a Caveat is entered legal advice should be sought given the difficult legal consequences that can lead from this step. Guidance in relation to entering a caveat can be found on this site under “claim types” and then “Will Validity”.

These contested Will claims or Will contest claims are also known as probate claims or contested probate claims. Whilst in general they amount to claims against the validity of the Will they can also (see “claim types”) include a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (a claim for financial provision by a child, partner or spouse), to rectify a will or to substitute or remove Personal Representatives (executors) where there has or is likely to be some wrong doing in the administration of an estate. There can also be claims for part or all of an estate because of an unfulfilled promise by the deceased which led the Claimant to substantially alter his/her position to their considerable detriment (which are often called “Proprietary Estoppel claims”). Sometimes, all of these claims can be run in conjunction with each other.

For (specialist) information on how all these various types of Will challenges, Will contests, Will claims and probate or contested probate claims are dealt with following the issue of court proceedings, the reader should refer to part 57 of the Civil Procedure Rules, which can be found on the Ministry of Justice website at www.justice.gov.uk.

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Our Team

Mark Panton, Principal Partner

Mark Panton is an experienced professional who can visit you and take your instructions in the comfort of your own home. He can help you plan your estate and ensure your Will caters for your needs and in particular will advise you on the new Inheritance Tax laws that started in April 2017. Particularly the new Residence NIL Rate Band. With years of experience in the field, Mark has the breadth and depth of knowledge needed to understand your needs and to recommend the most suitable solutions. Mark focuses his time on helping people who are in need of Wills, Trust, Lasting Power of Attorney and Funeral Plans. Mark was born and bred in London and now lives in Putney.

He enjoys watching cricket, rugby and hockey. He occasionally finds time to paint!

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Divna Gakovic, Solicitor

Mark Panton, Principal Partner

Divna joined Panton Associates in September 2020 having worked in-house for a FTSE 250 company. She is now the Head of the Family Department advising on all key stages of relationships including matters relating to living together, arranging pre and post nuptial agreements, divorce and child custody. Divna also advises on private client matters such as wills and lasting powers of attorney. Divna is a proud member of Resolution, the organisation of family justice professionals who work with families and individuals to resolve issues in a constructive way.

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Jane Ootam, Solicitor

Mark Panton, Principal Partner

Jane Ootam, Solicitor

Jane is head of our probate department and a member of the Society of Trust and Estate Practitioners. Jane trained with a leading Chancery Lane Practice and worked for Ashurst in the City as a private practice solicitor before joining Panton Associates in 2018.