A Journey Through Loss and Litigation

Roskilly & Co
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A Journey Through Loss and Litigation is a podcast series from Roskilly & Co exploring the challenges that can arise when grief, family relationships and contentious probate disputes intersect. In each episode, we speak with leading legal and other professionals about the realities of navigating disputes following the death of a loved one. Our guests share their expertise, practical advice and top tips, covering everything from contentious probate and inheritance claims to grief, mental health and the wider support available to those going through difficult circumstances.

Episodes

  1. 6d ago

    Annmarie Carvalho & Don Armand (Bonus edition - one for the lawyers)

    The Carvalho Consultancy | Legal Therapy, Coaching & Training | The… Sampson Armand | Leadership & Team Performance roskillyco.uk

    Annmarie Carvalho & Don Armand (Bonus edition - one for the lawyers)

  2. Oct 22

    Kate Rutherford

    Estates in Conflict: the role of an Independent Administrator In this episode, we are joined by Kate Rutherford, Partner in our non-contentious private client team, to explore the role of an Independent Administrator and how one can help when the administration of an estate runs into difficulties. Kate advises individuals and families on all aspects of estate planning and administration and has over 18 years' experience in private client law. She has particular expertise in administering complex estates involving high-value assets, business interests and cross-border matters and acts as an Independent Administrator alongside her wider private client practice. The discussion covers what an Independent Administrator is, the situations in which one may be needed and how they are appointed. We also consider what the role involves day to day, common misconceptions, how neutrality works in practice and the benefits for families and legal advisers. Offering insights from the perspective of both a private client solicitor and an Independent Administrator, this episode is valuable for lawyers, executors, beneficiaries and anyone facing a breakdown in trust in an estate. We conclude with Kate’s practical tips for lawyers, executors and beneficiaries. Building on our earlier podcast with James Saunders on will validity challenges, she also shares what’s important when drafting wills to help avoid disputes after death. roskillyco.uk/kate-rutherford roskillyco.uk

    Kate Rutherford

  3. Oct 22

    Mark Keeley & Miranda Allardice

    Mediating Contentious Trusts and Probate Disputes: preparation, strategy and what makes a good mediation In this episode, we are joined by Mark Keeley, Partner and Joint National Head of Private Client Services at Freeths, and Miranda Allardice of Miranda Allardice Mediation, to explore how to prepare for, and get the most from, mediation in contentious trusts and probate disputes. Mark has over 25 years' experience in contentious trust and probate disputes. He qualified as a commercial mediator in 2010 and has conducted over 500 mediations.  Miranda is a barrister and mediator specialising in succession disputes. She qualified as a mediator in 2005, was a member of 5 Stone Buildings from 2012 to 2024 and  now runs her own mediation practice - Miranda Allardice Mediation. She is a Fellow of the Civil Mediation Council. The discussion covers what a good mediation looks like and the roles of those involved and the role of barristers on either side. We also consider why it helps to have amediator who knows the law, the importance of position statements and bundles, how to craft offers and the likely costs and outcomes.   Offering insights from both the mediator's chair and the practitioner's side, this episode is valuable for solicitors, barristers, executors, beneficiaries and anyone involved in contentious probate litigation.   Mark and Miranda conclude with practical tips on preparation, what can set parties back on the day, and why it is worth continuing negotiations where appropriate where a case does not settle, as many issues may be narrowed.   Mark Keeley | Private Litigation | Partner | Nottingham | Freeths Home - Miranda Allardice Mediation roskillyco.uk

    Mark Keeley & Miranda Allardice

  4. Oct 15

    Emma Gray

    In this episode, we are joined by Emma Gray of Rainbow Hunting, a former non-contentious private client lawyer who has experienced the realities of bereavement from both sides of the legal process, professionally, and personally. Emma shares a powerful insight: you can have all the legal knowledge in the world, but you still don’t know what you don’t know until grief happens to you. We talk about the collision between grief and litigation and how the legal system often expects people to make rational decisions, meet deadlines and navigate complex processes at a time when their world has been turned upside down. Emma explains what grief-aware legal support looks like in practice, from compassion and clear written communication to pacing decisions and recognising the emotional toll of litigation. We also explore Emma’s work through Rainbow Hunting, where she helps people find hope in difficult times through grief therapy, a low-cost membership community and her Sadmin® course, which guides people through the end-of-life paperwork they may need to work through.  Rainbow Hunting roskillyco.uk

    Emma Gray

  5. Oct 15

    Ollie Murrell

    In this episode, we are joined by Ollie Murrell, a chancery and commercial barrister at Guildhall Chambers, to explore the property issues that frequently arise in contentious trusts and probate disputes. Recognised as a Rising Star by the Legal 500 in Private Wealth, Probate & Tax, Ollie specialises in private wealth, real estate, agriculture and commercial disputes. He is co-author of A Practical Guide to Missing People and the Administration of Estates and sits on the committee of The Contentious Trusts Association. The discussion covers key issues including the occupation of estate property following a death, family members facing eviction, disputes over beneficial ownership, Land Registry restrictions, occupation rent and injunctions to protect property and sale proceeds. We also consider proprietary estoppel, settlement and costs and the practical steps parties can take to protect their position. Offering insights into both the legal principles and practical realities of property disputes following a death, this episode is valuable for beneficiaries or executors who may be facing these difficulties, including practitioners and anyone interested in finding out more about this area. Ollie concludes with practical tips on preserving evidence, managing disputes and avoiding common pitfalls when property becomes the focus of an estate dispute.  guildhallchambers.co.uk/barrister/ollie-murrell/ roskillyco.uk

    Ollie Murrell

  6. Oct 8

    Professor Alistair Burns

    The Role of Expert Evidence in Will Validity Challenges In this episode, we are joined by Professor Alistair Burns, Emeritus Professor of Old Age Psychiatry at The University of Manchester and one of the UK’s leading experts in older people’s mental health and dementia. Professor Burns discusses the role of medical expert evidence in contentious probate cases, including retrospective assessments of testamentary capacity and the evidence that experts consider when assessing whether someone had capacity when making their will. The conversation explores different types of dementia and their potential impact on decision-making, the distinction between testamentary capacity and knowledge and approval, vulnerability and undue influence, and the role and limitations of cognitive testing such as the MMSE. We also discuss why experts can sometimes reach different conclusions when reviewing the same evidence, and what happens when an expert is required to give evidence at trial. An insightful discussion about the medical evidence behind some of the most challenging issues arising in will validity disputes. memoryexperts.co.uk/home roskillyco.uk

    Professor Alistair Burns

  7. Oct 8

    James Saunders

    Will Validity Challenges: When Should a Will Be Investigated? In this episode, we are joined by James Saunders of New Square Chambers to explore will validity challenges and the circumstances in which a will may need to be investigated. James discusses the first steps someone should take when concerns arise about a will, including Larke v Nugus requests, and explores the key grounds on which a will may be challenged, including invalid execution, forgery, testamentary capacity, knowledge and approval, and undue influence. We also discuss the role of expert evidence, the importance of taking proportionate advice at an early stage, costs and potential litigation risks, and the value of building the right legal team. James also shares his insight into mediation, settlement and what clients can expect if a dispute ultimately proceeds to trial. An informative discussion for anyone involved in, or advising on, a potential will validity dispute. newsquarechambers.co.uk/barrister/james-saunders roskillyco.uk

    James Saunders

  8. Sep 30

    Alex Troup KC & Alexander Learmonth KC

    In this episode Emily Roskilly of Roskilly & Co speaks with leading Counsel, Alex Troup KC of St John’s Chambers and Alexander Learmonth KC of New Square Chambers about adult child and those brought by dependants for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”).  There is also a discussion about proprietary estoppel claims.  The episode beings with exploring the key legal principles in relation to the Inheritance Act, a discussion on how these types of claims specifically are confined to what is required for “maintenance” and there is discussion on funding these claims, the costs and potential settlement.  The podcast then moves on to discuss the key legal elements which need to be established when considering a proprietary estoppel claim, for instance, with regard to the promise or assurance made and detrimental reliance and what likely award can be provided in these types of claims.  Topics such as the value of early settlement and mediation are also explored highlighting the benefits of avoiding lengthy and costly litigation. roskillyco.uk

    Alex Troup KC & Alexander Learmonth KC

  9. Sep 30

    Ruth Hughes KC

    In this episode, Emily Roskilly of Roskilly & Co speaks with leading Counsel Ruth Hughes KC of 5 Stone Buildings about spousal and cohabitee claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”).  This podcast explores who can bring a claim, the distinction between the two separate claims and the tests which apply when considering financial provision.  Ruth also explains the two-year cohabitation requirement for cohabitee claims and the factors which the courts consider when determining an award to a claimant for financial provision. The discussion also covers former spouses, claims made by dependants, costs, settlement and touches upon the role of executors when an Inheritance Act claim is brought against an estate.   roskillyco.uk

    Ruth Hughes KC
  • 9 Episodes

About

A Journey Through Loss and Litigation is a podcast series from Roskilly & Co exploring the challenges that can arise when grief, family relationships and contentious probate disputes intersect. In each episode, we speak with leading legal and other professionals about the realities of navigating disputes following the death of a loved one. Our guests share their expertise, practical advice and top tips, covering everything from contentious probate and inheritance claims to grief, mental health and the wider support available to those going through difficult circumstances.

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