Jenny Carter

Jenny is developing specialisms in a wide range of areas and assists and advises in relation to Will invalidity claims, claims under the Inheritance (Provision for Family and Dependents) Act 1975, executor and trustee disputes, and challenges to the validity of Lasting Powers of Attorney for Property and Finances.

She has experience of assisting clients right from the outset of their matter through to their conclusion, whether by negotiating a settlement or through a fully contested Court hearing.

Jenny also has experience in a variety of property disputes, including trusts of land disputes and landlord and tenant disputes.

Notable Disputes cases

• Inheritance Disputes
  

  Jenny is working with Mel Grose (Partner) issuing a claim under the Inheritance (Provision for Family and Dependents) Act 1975. The claimant is an adult with disabilities seeking reasonable financial provision from their late mother’s Estate, as the majority of the Estate has been left to his sister.

• Disputed Wills & Trusts
  

  Jenny assists and advises on a number of Will invalidity claims on the basis of lack of due execution, lack of testamentary capacity, lack of knowledge and approval and undue influence.

• Executor & Trustee Disputes
  

  Jenny worked with Mel Grose (Partner), undertaking the majority of work, and applied under section 118 of the Senior Courts Act 1980 to remove an Executor who was failing to comply with their duties and administer the deceased’s Estate in a timely manner.

• Contentious Court of Protection
  

  Jenny worked with Mel Grose (Partner) and undertook the majority of work in a challenge to a Lasting Power of Attorney for Property and Finances on the basis that the donor lacked the necessary capacity to revoke her existing LPA and execute a new LPA. The matter was resolved successfully, and a neutral, professional Deputy was appointed after the parties attended a Dispute Resolution Hearing.

• Proprietary Estoppel
  

  Jenny is working with Mel Grose (Partner) in investigating and collating evidence to advance a proprietary estoppel claim over the deceased’s property and land. Under the deceased’s Will, her estate is to be inherited by her daughter, who has been estranged from her for many years.

• Trusts of Land Disputes
  

  Jenny worked with Darren Higginson (Partner) and assisted in a claim issued under the Trusts of Land and Appointment of Trustees Act 1996 for a declaration as to the parties’ respective interests in the property, together with an application for an Order for Sale. The parties were unable to reach an amicable resolution and the matter proceeded to a fully contested trial.

• Financial Abuse Claims
  

  Jenny is currently assisting and advising on a number of financial abuse cases, for example, where an Attorney has misappropriated funds from the donor’s bank account or has made large unauthorised gifts or transfers without first having sought approval from the Court of Protection.

• Landlord & Tenant Disputes
  

  Jenny works regularly with Emily Stark (Solicitor) serving section 21 and section 8 Notices on tenants; applying to the Court for possession orders and securing Warrants for Possession.